MODEL EXECUTIVE ORDER ESTABLISHING OFFICE OF LEGAL GUARDIAN FOR FUTURE GENERATIONS

Executive orders are directives issued by mayors, governors, tribal leaders, presidents, or other administrative officers acting in their capacity as heads of state or government. Typically they command agencies within the Executive Branch to take a course of action they are authorized to undertake by law. To the extent of that authorization, they do not require ratification by the Legislative Branch to be enforced (although executive orders may be overturned through legislation). Several governors have issued executive orders concerning climate change. Also, the President of the United States and several U.S. governors have issued executive orders concerning environmental justice and children’s environmental health.

This section of the CLI Green Paper* recommends the following model executive order that a mayor, governor, tribal leader, president, or other administrative officer can use to designate a legal guardian for future generations. ______________________________________________________________ Executive Order: Establishing the Office of Legal Guardian for Future Generations

Whereas a responsibility of this government is to serve as trustee of the environment to ensure that a clean, healthy, ecologically balanced, and sustainable environment (hereinafter “healthy and sustainable environment” and including but not limited to clean air, pure water, undefiled scenic lands, freedom from unwanted toxic chemicals and other contaminants, and a secure climate) is passed on to future generations; and

Whereas maintaining and improving the ecological health and sustainability of the environment for future generations requires long-term assessment, goal-setting, and planning; and

Whereas the people within this jurisdiction possess the creativity and technical skill to maintain and improve the ecological health and sustainability of the environment for the benefit of themselves and of generations to come; NOW, THEREFORE, I, ____, of the ____of_____

by virtue of the authority vested in me by the Constitution and the laws of the (Municipality, County, State, Tribe, or United States) of_____, do hereby ORDER and DIRECT the establishment of the Office of the Legal Guardian for Future Generations.

Sec. 1 Definitions. The following definitions shall apply to this order.

1-101 “Future Generations” means all people descended from the current generation.

1-102 The “environment” is the totality within this jurisdiction of physical substances and conditions (including all living organisms in the biotic community, air, water, land, natural resources, and climate) that affect the ability of all life forms to grow, survive, and reproduce. The “environment” includes both natural and human-created substances and conditions.

1-103 “Ecological health and sustainability” of the environment is the capacity for self-renewal and self-maintenance of the soils, waters, air, people, plants, animals, and other species that collectively comprise the environment. Human health is included as one aspect of the ecological health of the environment.

Sec. 2 Office of Legal Guardian for Future Generations

2-101 There is hereby established the Office of Legal Guardian for Future Generations.

2-102 The Office of the Legal Guardian for Future Generations shall be comprised of a cabinet level or equivalent appointment of a Legal Guardian and of an Ombudsperson for Future Generations appointed from each agency.

Sec. 3 Functions of the Office of Legal Guardian of Future Generations

3-301 The Legal Guardian shall:

(a) Prepare an audit of the ecological health of the environment within one year of the date of this Executive Order and every two years thereafter;

(b) Identify and assess all threats, including any presented by government decisions and actions, to the ecological health and sustainability of the environment for future generation

(c) Evaluate alternatives to all government decisions and actions that may present a threat to the ecological health and sustainability of the environment for future generations and identify those that provide the least threat and those that improve the ecological health and sustainability of the environment;

(d) Propose goals and actions, including those that can be taken by agencies, that to the extent allowed by law will best protect and improve the ecological health and sustainability of the environment for future generations.

(e) Ensure, together with the Ombudspersons, that to the extent allowed by law this government including all executive agencies carries out the proposed actions and achieves the proposed goals identified by the Legal Guardian for best protecting and improving the ecological health and sustainability of the environment for future generations.

3-302 The Legal Guardian shall be empowered to represent in court the interests of future generations when the ecological health and sustainability of the environment is threatened.

Sec. 4 Terms of the Legal Guardian and Ombudspersons for Future Generations

4-401 The Legal Guardian shall be appointed for a 10-year term. Ombudspersons shall be appointed by agency directors. The term length of the Ombudspersons shall be at the discretion of the agency directors.

--Carolyn Raffensperger and Joseph Guth

Science and Environmental Health Network 2008

This order is also available as an attachment. See below.