What’s been happening since the New York Green Amendment has passed?
Since its passage, communities across New York have been seeking to put the Green Amendment to work to change the power dynamic and secure needed protection where the laws as written, interpreted and applied are failing to provide essential protections. While some courts have interpreted the amendment in powerful and important ways, not every case is providing the quality of protection that was intended or expected. Unfortunately, the New York Attorney General is part of the problem. A sign on letter is advancing to urge the Attorney General to change her legal posture when it comes to the amendment, how it affects government action, and the power it should provide to impacted communities.
Please sign on to the letter directed to New York State Attorney General now.
Some of the Key Legal Outcomes Informing the Proper Interpretation of the Amendment
- Friends of Fort Greene Park v. NYC Parks: affirming the NY Green Amendment is self executing and can be used by private individuals to challenge the constitutionality of government action. In the final analysis, the amendment upheld the thorough review and findings of the government.
- For a bit more thinking on how this case could have and should have informed usage of the NY Green Amendment see Maya van Rossum’s video & The Green Amendment Way post.
- East Side Parkways Coalition, et al. v. N.Y.S. Dep’t of Transp, re Kensinton Expressway: NY Green Amendment can be used to ensure full and fair review of environmental impacts to affected communities.
- Western N.Y. Youth Climate Council, et al. v. N.Y.S. Dep’t of Transp., et al, Re Kensington Expressway: NY Green Amendment is not retroactive to decisions purely in the past, but decisions in the present about issues that may have foundation in the past can be impacted.
- Fresh Air For The East Site v. New York: first decision utilizing NY Green Amendment in context of a landfill. While this case did not successfully progress on appeal, the higher courts did not disturb the self-executing finding of the Supreme Court, leaving in place this essential legal finding.
- Marte, et. al. v. City of New York: affirming that the NY Green Amendment is not retroactive.
New York is one of only 3 states where Green Amendments exist – Pennsylvania, Montana and New York. In all three states, communities are using their constitutional rights to fight for critical environmental protections. You can read about the successful efforts here.
Every victory sets important precedent and becomes powerful inspiration for others seeking and/or enforcing their own Green Amendment rights.
