Three times is the charm, right? New Yorkers thought they had adopted environmental rights for our state in 1969, when the people voted to add "The Conservation Bill of Rights" to the New York State Constitution. These eloquent clauses are not self-executing rights, despite their title. They require legislative implementation before they can be effective. The second chance came in 2017, when voters declined to convene a constitutional convention and the chance to update New York's basic law with environmental rights. The third chance to establish the right to a clean and healthy environment for all New Yorkers is on the ballot for Nov. 2, 2021.

What's at stake in November? The ballot question proposes a constitutional amendment that would add the following language to the New York State Constitution's Bill of Rights, set forth in Article 1: "Environmental rights. Each person shall have a right to clean air and water, and a healthful environment."

Bills proposing this amendment passed both houses of the state legislature in consecutive two-year sessions, in accordance with New York's Constitutional amendment procedures. This vote has implications for lawyers, as citizens for their own sake, and when advising their clients. Beyond debating the pros and cons of how such a right should be drafted, the state of the environment itself offers compelling reasons to support voting for this amendment. Human health, life and property are at stake.