lawsuit

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 right to not buy fossil fuels

November 6, 2023 By EarthWise Leave a Comment

Minnesota has been one of the most aggressive states in setting and realizing clean energy goals. As of this year, Minnesota gets 55% of its energy from net zero carbon emission sources. The state has goals of reaching 80% green energy by 2030, 90% by 2035, and 100% by 2040. Recent legislation in Minnesota aims at further reducing carbon emissions and job creation in the clean energy sector.

All of this is very good news, but not for the neighboring state of North Dakota. Minnesota getting all of its energy from clean energy sources means that it would no longer be a customer for the fossil fuel products of North Dakota.

North Dakota is known for its vast reserves of coal, oil, and natural gas and, apart from agriculture, the energy industry is the biggest moneymaker in the state. Faced with the aggressive clean energy initiatives of its next-door neighbor, North Dakota has threatened to sue Minnesota.

What would be the basis of such a lawsuit? The argument would be that Minnesota’s clean energy goals would be in violation of interstate commerce laws and infringe upon North Dakota’s economic sovereignty. The claim would be that the energy regulations in Minnesota unfairly discriminate against North Dakota’s energy products.

Minnesota, on the other hand, would defend its energy goals as a legitimate exercise of its own state sovereignty and a necessary response to the climate crisis.

The outcome of any legal battle that may take place will have far-reaching implications for Minnesota and North Dakota as well as for other states across the country that have clean energy initiatives.

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