Resources

On December 7, 2022, Fresh Air For The Eastside v. the State of New York, et. al, the Supreme Court of New York, the trial court level in New York State, issued the first decision based on the New York Green Amendment since it was added to the state’s constitutional Bill of Rights.

To read the full press release summarizing the case and victory, including the points of important precedent, you can do so here.

To learn more of the details, including about a companion decision handed down the very next day, read here: Fresh Air For The East Site v. New York Summary & Overview

To read the full case, you can do so here: Fresh Air For The Eastside v. New York State et. al. 12/7/2022

In this presentation, leading experts discuss how we can apply New York’s newly established Green Amendment to work for New Yorkers and to restore justice to our communities.

Watch the New York Green Amendment Virtual Webinar Series:

In this helpful series, recorded before the amendment was passed, Green Amendments For The Generations, Environmental Advocates of New York, and Adirondack Mountain Club take a deep dive into New York’s efforts to secure a Green Amendment and what it means for the state.
– New York Green Amendment Virtual Webinar, Part 1
– New York Green Amendment Virtual Webinar, Part 2
– New York Green Amendment Virtual Webinar, Part 3

Here’s The Story, an Emmy nominated show that premiered in 2011 and is produced by acclaimed journalist Steve Rogers, is now featuring a two part show featuring the Green Amendment movement. The show joins Maya as she explores the history of the Green Amendment movement and meets with environmental, political and legal leaders key to the movements past, present and future. Among those interviewed is NJ Governor Phil Murphy, PA Senator Franklin Kury who originally conceived of the idea for PA, and the chief justice who wrote the iconic opinion that helped launch the movement.

You can watch the show, see Facebook live chats with some of the key players, and see the full interviews that were conducted as part of the show here: Here’s the Story: The Green Amendment.

The New York Constitution was amended to secure a right of all people to clean water and air, and a healthful environment – Article 1, Section 19.

The NY Bar Association hosted a discussion of how the new environmental right impacts environmental protection in the state. Read Pace Law School Professor Nicholas Robinson’s assessment: The New Environmental Right in NY

Pennsylvania:

Robinson Twp, Delaware Riverkeeper Network et.al. v. Commonwealth : pro-fracking law defeated as unconstitutional
PEDF v. Commonwealth: misappropriation of environmental funds secured through fracking leases on public lands a constitutional concern
Delaware Riverkeeper Network v. PADEP re Bishop Tube: failure of state to act to address decades of high level site contamination is a constitutional concern
Marple Township Commissioners Rely on Art 1 Section 27: reject damaging development that would have devastated treasured woodland, the Don Guanella Woods
PFAS Protections: Pennsylvania Government Advances PFAS Standards to Protect Environmental Rights & Fulfill Constitutional Green Amendment Obligation
Center Coalfield Justice v. PADEP : longwall coal mining permit revision unlawful as constitutional violation
Friends of Lackawanna v. PADEP : landfill renewal permit ordered modified to address historic groundwater contamination
PA Attorney General Empanels Grand Jury to investigate systemic failures of government regards to the environmental and community impacts fracking
PA Attorney General is routinely using the PA Green Amendment to support environmental protection efforts
Gov Wolf Vetoes lawthat prohibited communities from instituting plastic ban protections
PA Public Utilities Commission re Transource Powerline: PUC Administrative Law Judge recommends denial of powerline approval that later adopted by the PUC Commissioners.
PEDF IV: Supreme Court speaks to the constitutional environmental rights of future generations.
Marple Township v Pennsylvania Public Utilities Commission: affirming obligation of all government to conduct a constitutionally-based environmental assessment of proposed action as part of decision making.

Montana:

MEIC v. Montana DEQ : industrial gold mining permit rescinded for failure to consider and protect natural resources
Cape France Enterprises v. Estate of Peed: court rejected ordering specific performance of a drilling contract that could have contaminated groundwater supply
Park Cty Envtl Council & Greater Yellowstone Coalition v. MT DEA & Lucky Minerals: gold mining exploration license vacated and state law deemed unconstitutional for exempting activities from essential environmental reviews.
Held v. State of Montana: Youth Climate Legal Action withstands motion to dismiss largely because of environmental rights (in other states without a Green Amendment similar cases have been dismissed).