PHOTO: Attorney General Tim Griffin (left) and Assistant Attorney General Will Olson meet with University of Arkansas students Kevin Durden (front) and Wyatt Rice in Little Rock on Oct. 2, 2025 to discuss the ballot initiative process. | Photo courtesy of the Arkansas Attorney General’s office
By ANTOINETTE GRAJEDA | Arkansas Advocate
The attorney general rejected for a second time a proposed constitutional amendment to grant Arkansans the right to a clean and healthy environment.
University of Arkansas students drafted the Clean and Healthy Natural Environment Amendment, which proposes amending the state’s constitution to preserve “the outdoors and natural resources for Arkansans’ recreation, economy, and public health.”
If approved, the Legislature would be required to make laws to implement and enforce the measure. The proposed amendment would also repeal “all inconsistent state laws.”
In Tuesday’s four-page opinion, prepared by Assistant Attorney General William Olson, Attorney General Tim Griffin said he could not certify the measure because the text of the proposed amendment once again prevented him from ensuring the ballot title was not misleading or substituting a more appropriate ballot title.
Griffin noted that the proposed measure places certain duties on “government entities,” but it’s unclear who would have these duties. The attorney general also said the amendment lacks clarity about the “fundamental right” it would create.
“It is unclear what obligations are placed upon ‘governmental entities’ and the legislature in enforcing a ‘fundamental right to a clean and healthy natural environment,’” Griffin wrote.
Additional issues with the measure, according to Griffin, include a lack of clarity of how the proposed amendment would impact other laws, partisan coloring in the popular name and inconsistent provisions.
Kevin Durden, a UA sophomore and one of the drafters of the measure, was undeterred by Griffin’s opinion.
“While we are disappointed by the decision from the Attorney General’s office, we look forward to the opportunity to revise and resubmit,” he said in a text message Tuesday afternoon.
Durden was inspired to pursue the amendment after reading about a group of young Montantans who successfully sued the state over laws they argued violated their right to a clean and healthy environment, which is guaranteed in Montana’s constitution. A judge ruled in favor of the young Montanans in 2023, and the Montana Supreme Court upheld the decision in December.
Three UA juniors joined Durden in crafting their initial proposal, which they submitted in September with the assistance of Jennifer Waymack Standerfer, a Bentonville attorney who’s providing her services to the students pro bono.
Griffin rejected their initial submission on Oct. 3 because he said problems with the proposed amendment’s text prevented him from ensuring the ballot title was not misleading or substituting a more appropriate ballot title.
If the attorney general eventually approves their proposal, the students can then begin gathering the requisite number of signatures to place their measure on the 2026 ballot. Constitutional amendments require 90,704 signatures from at least 50 of the state’s 75 counties, according to the secretary of state’s office.
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