In November 2021, 70% of New Yorkers voted to include environmental rights in the Bill of Rights of the New York State Constitution. The amendment recognizes and protects the rights of all New Yorkers to clean water and air and a healthful environment. It places these rights on the same constitutional level as other enshrined freedoms, such as the right to freely speak and the right to be free from unreasonable searches and seizures.
Since its passage, the Green Amendment has been at the center of controversy over how or even whether it is enforced. The state has taken the position that the amendment does not empower citizens to dictate the actions of agencies like the state Department of Environmental Conservation.
A lawsuit filed in 2022 by residents who live near the High Acres Landfill in Monroe County demanding environmental cleanup resulted in a ruling that complying with the Constitution is not optional for a state agency. That ruling was appealed, and the case is currently before an appeals court.
A similar lawsuit is now going on against the state’s largest landfill in Seneca Falls. Once again, the position taken by the state Attorney General is that the Green Amendment does not alter the DEC’s enforcement discretion as to whether to force the landfill operators to take action.
Environmental activists have been staging protests at the state Capital, urging the governor, the state attorney general, and the DEC to shift their approach to applying the Green Amendment. Until this issue is resolved in the courts, it is unclear whether this amendment, put in place by 70% of voters, will actually protect the citizens of New York and its environment.
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Photo, posted April 22, 2023, courtesy of Pedrik via Flickr.
Earth Wise is a production of WAMC Northeast Public Radio
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