Credit: smolaw11/AdobeStock The Green Revolution Begins? First Decision Issued on NY's 'Green Amendment'
'Fresh Air for the Eastside v. State of New York,' issued on On Dec. 7, 2022 is the first decision addressing the scope of the recently adopted "Green Amendment" to the New York State Constitution.
January 26, 2023 at 10:00 AM
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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.
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