The Appellate Division, Fourth Department, M. Dolores Denman courthouse in Rochester. Courtesy photo 4th Dept. Dismisses First-Impression, Green Amendment Lawsuit Against Landfill Operation in Finger Lakes
Mandamus relief isn't available to compel government to take enforcement action against the landfill's owner and operator, the Fourth Department said.
July 29, 2024 at 04:06 PM
5 minute read
Environmental Law
What You Need to Know
- Rochester appeals court dismisses all defendants in a first-impression lawsuit alleging New Yorkers' right to clean air has been violated.
- Plaintiff's counsel said it will appeal, claiming state government doesn't have the right to violate the state constitution.
- There are at least nine Green Amendment lawsuits circulating in New York Courts.
A midlevel appeals court has dismissed the New York government and all other defendants from a first-impression lawsuit alleging hundreds of residents in the Finger Lakes region are aggrieved by horrific odors from a nearby landfill.
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