On Dec. 7, 2022, Monroe County Supreme Court Justice John J. Ark issued the first decision addressing the scope of the recently adopted “Green Amendment” to the New York State Constitution in Fresh Air for the Eastside v. State of New York et al., Index No. E2022000699. In its decision, which addressed three motions to dismiss, the court granted two of the motions, holding that the Green Amendment does not create a cause of action against private parties and that plaintiff had not stated a claim against the City of New York (city). However, the court allowed plaintiff to continue its lawsuit against the State of New York (state) and the Department of Environmental Conversation (DEC) which could force the closure of High Acres Landfill (High Acres), the second largest landfill in New York.

What Is The Green Amendment?

Given its recent adoption, many people are not familiar with the Green Amendment, also known as the Environmental Rights Amendment. These terms both refer to Article I, Section 19 of the New York State Constitution, which was enshrined though a ballot measure passed by the voters on Nov. 2, 2021. This amendment, effective Jan. 1, 2022, states that “[e]ach person shall have a right to clean air and water, and a healthful environment.” These protections are included in the State Constitution’s Bill of Rights, placing them on equal footing with rights such as freedom of speech and religion.

‘Fresh Air for the Eastside’