In the United States, the U.S. Constitution does not expressly create an individual right to a clean and healthy environment. However, in addition to citizen-suit provisions created by U.S. environmental and administrative laws (described above), other provisions of law may make environmental remedies available.
Six U.S. States have constitutions with language creating an individual right to a clean and healthy environment.
The 5th and 14th Amendments of the U.S. Constitution provide for equal protection under law. Affected citizens can invoke these “equal protection” provisions to bring legal actions against national, state, and local governments to ensure, for example, that basic environmental services (e.g., sewage, water, drainage, and waste disposal services) are provided without regard to race, color, or national origin.
The common law of traditional, judge-made precedential rulings may also provide a “cause of action.” Citizens affected by environmental harm may seek injunctive relief and/or money damages under common-law causes of action such as nuisance, trespass, and negligence. In many cases, remedies are available for harm even if caused by an activity permitted by an environmental agency. As a practical matter, though common-law causes of action can be difficult to litigate, and are usually reserved for those particular instances when no other cause of action is available.
For more information, see Barry Hill et al., “Human Rights and the Environment: A Synopsis and Some Predictions”, 16 Georgetown International Environmental Law Review 359 at 389-402 (2004).