BANGOR DAILY NEWS • February 6, 2023
Lawmakers this year have submitted at least nine proposed amendments to the Maine Constitution to grant new rights, including rights to a “healthy environment.” None of the first 174 amendments to the Maine Constitution granted brand-new rights. That streak was broken in 2021. The Legislature endorsed a “right to food” amendment with the necessary two-thirds majorities in both chambers, then Mainers overwhelmingly approved it at the ballot box. It was intended to keep current food regulations in place, although a lawsuit last year used it to test Maine’s Sunday hunting ban. The effect is unclear so far. Healthy environment rights could come with the most risks, because ambiguity could lead courts to take actions later on that the public did not intend, Dmitry Bam, a constitutional law professor at the University of Maine School of Law in Portland, said.