courts

Enforcing the Green Amendment

August 13, 2024 By EarthWise Leave a Comment

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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New York’s Green Amendment Guarantees the Right to a ‘Healthful Environment.’ Activists Want the State to Enforce It

Photo, posted April 22, 2023, courtesy of Pedrik via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio

The end of the Chevron deference

August 6, 2024 By EarthWise Leave a Comment

At the end of June, the US Supreme Court upended 40 years of legal precedent in a ruling that sharply limited the regulatory authority of federal agencies. The so-called Chevron Deference doctrine stated that when a legislative delegation to an administrative agency on a particular issue or question was not explicit but rather implicit, a court may not substitute its own interpretation of the statue for a reasonable interpretation made by the administrative agency.

Under the new ruling, courts will have more power to interpret these statutes. Environmentalists fear that this decision could lead to hundreds of rules being weakened or even eliminated, particularly Environmental Protection Agency limits on air and water pollution, regulations on toxic chemicals, and policies to tackle climate change.

Conservative political organizations have been pushing for decades to roll back the government’s regulatory powers. The new ruling creates a massive opportunity for environmental regulations to be challenged, considering the proliferation of increasingly activist, right-leaning courts. In particular, climate regulations under the Clean Air Act are more susceptible to judicial reversal. The ruling shifts the power from the agencies to the courts.

The danger of this decision is that more Americans will suffer from the worse effects of climate change, air pollution, and other environmental harms that current government regulation protect against. Any time that the Court makes it harder for the government to regulate and easier for businesses to challenge regulations, it makes it more likely that industries will injure the public and the planet in search of profits. This is basic economics in action.

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A Seismic Supreme Court Decision

Photo, posted September 17, 2020, courtesy of Thomas Hawk via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio