Sunset in the Hudson Valley. (Photo: oldmn/Adobe Stock) The Environmental Rights Amendment's Standard of Review
What is the constitutional 'standard of review' the courts should use to judge a government action that allegedly violates the Green Amendment? The standard of review will decide its long-term importance.
February 12, 2024 at 11:30 AM
11 minute read
On Nov. 2, 2021, New York voters approved an amendment to the New York State Constitution's Bill of Rights providing that: "Each person shall have the right to clean air and water, and to a healthful environment." The right to a healthy environment was thereby, for the first time, expressly cloaked in constitutional protection. This new provision has been referred to colloquially as the "Green Amendment."
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