First Legal Precedent Set – Learn More
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
An Emmy Nominated Show
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.
FAQs for a Green Amendment in New York
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
A Letter from Maya K. van Rossum: Racial Justice Demands Constitutional “Green Amendments”
Read GAFTG Founder, Maya van Rossum’s open letter calling for environmental and racial justice, which offers a tangible pathway to change. Check out the moving video piece in which 24 diverse leaders and activists joined van Rossum in delivering the letter.
Support Green Amendments For the Generations!
Learn More Below
Factsheets & Materials
Understanding and Implementing a Green Amendment in New York
- NY Green Amendment FAQs
- How Green Amendments Protect Key Environmental Rights | Law 360
- Constitutional Green Amendments: Making Environmental Justice A Reality | ABA Natural Resource & Environment
- Letter to the Editor Template
- New York Green Amendment Printable Petition
- Second Passage Organizational Sign on Letter (2021-01-22)
- First Passage Organizational Sign on Letter (2019-04-09)
- Green Amendment Press Release with Environmental Advocates NY (2019-04-09)
- Legislative Discussion of NY Assembly regarding Green Amendment proposal (2018-04-24)
- Response to Business Council Opposition - (2018-04-23) Delaware Riverkeeper Network Response and Bus Council Memo
- An Open Letter to the New York State Legislature (2017-06-13)
- Assembly Hearing (2017-04-24)
The Green Amendment Concept
- The Green Amendment, Securing Our Rights to a Healthy Environment—The Book
- What is a Green Amendment
- Green Amendment Frequently Asked Questions & Their Answers
- Demanding and Defending Your Rights to Clean Air, Clean Water, & a Healthy Environment
- Green Amendments: Giving Constitutional Power to Environmental Justice
- ELI Dialogue, Green Amendments, A Vehicle for Environmental Justice, Panel Fall 2021
- How To Implement & Apply a Green Amendment
- Protections Offered with Trust Language in a Green Amendment
- Using Green Amendments to Strengthen Environmental Justice
- Green Amendment Checklist: Essential Elements of an Effective Environmental Rights Amendment
- Benefits of a Constitutional Provision Protecting Environmental Rights
- Guide of Decisions Using PA Green Amendment Since Dec 2013 Revival
- Green Amendments, Properly Placed and Written, Are A Restraint On Governmental Authority - Article By Team of Attorneys that Successfully Argued PA Case
- The Green Amendment: An Idea Whose Time It Has Always Been, by Gerald J. Williams, Esq.
Webinars & Video Content
Use & Benefits of the New York Green Amendment
- New York Green Amendment, By & For New Yorkers
- New York Green Amendment Virtual Webinar Series, Part 1
- New York Green Amendment Virtual Webinar Series, Part 2
- New York Green Amendment Virtual Webinar Series, Part 3
- A New York Green Amendment: Balancing Power & Equity for EJ Communities
- NYWEA: A NY Constitutional Amendment
- Legislative Briefing: 50th Anniversary of PA's Green Amendment
- The Impact of Pennsylvania Green Amendments on Decisionmaking in Pennsylvania
- Pennsylvania's Environmental Rights Amendment in Practice
- More video content available on Youtube
- Watch & Listen: press, podcast, & media content
Se puede explorar nuestras materiales aqui
Necesitamos una Enmienda Verde por New York para mejorar nuestra ambiente
- ¿Que es un Enmienda Verde?
- Exigiendo y defendiendo tu derecho a agua limpia, aire limpio, y un ambiente saludable
- Enmienda Verde lista de control
- Como implementar y aplicar una enmienda verde
- Protecciones ofrecidas incorporando el lenguaje de un fideicomiso en la Enmienda Verde de un Estado
- Haciendo que la justicia ambiental sea una obligación real del gobierno
- Beneficios de una provisión constitucional protegiendo los derechos ambientales
How Green Amendments Are Helping In PA, MT & NY
- 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.
- 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).
- Fresh Air For The Eastside v. NY: first decision utilizing NY Green Amendment in context of a landfill.
- Robinson Township, Delaware Riverkeeper Network, et al v. Commonwealth of Pennsylvania., Dec. 19, 2013 – PA Sup Ct Plurality Opinion
- Montana Environmental Info Ctr V. Dept of Envtl Quality, 1999 -- MT Sup Ct. Opinion
- PEDF v. Commonwealth, June 20, 2017 -- PA Sup Ct Opinion
- Robinson Township, Delaware Riverkeeper Network, et al v. Commonwealth of Pennsylvania., Sept 28, 2016 -- PA Sup Ct Opinion
- Park County Envtl Comm'n & Yellowstone Coalition v. MT DEQ & Lucky Minerals, Dec. 8, 2020 -- MT Sup Ct Opinion
- Fresh Air for the Eastside, Inc. v. State of New York, Supreme Court State of New York County of Monroe, Dec 7. 2022
- Fresh Air For The East Side v. Town of Perinton, Supreme Court State of New York County of Monroe, Dec. 8, 2022