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Enforcing the Green Amendment

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 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

Climate A Winner In The Elections | Earth Wise

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The dominant issues in midterm elections in November were the economy and abortion rights, but at the same time there were also ballot initiatives in various cities and states across the country related to climate.  What some describe as the ‘silent surprise’ of the election was that these initiatives generally passed and, in some cases, by large majorities.

The most significant of these ballot measures was in New York, where two-thirds  of voters passed the largest environmental bond measure in state history.  The measure funds up to $4.2 billion for environmental improvement projects including increasing flood resiliency, reducing greenhouse gas emissions, electrifying school buses, and creating more green and open spaces.

The Clean Water, Clean Air, and Green Jobs Environmental Bond Act provides up to $1.5 billion for projects aimed at climate change mitigation.  Another $1.1 billion is targeted for flood risk reduction and waterway restoration.  $650 million goes for water quality and infrastructure improvement. 

Rhode Island voters passed a green bonds act that will allow the state to invest in climate resiliency at the municipal level, as well as local recreation, open space protection, brownfields remediation, and forest and habitat restoration. 

Other climate-related ballot measures passed in Boulder, Colorado and in El Paso, Texas.  There were however a few climate measures that lost.  Proposition 30 in California that would have taxed very high-income residents to encourage sale of electric vehicles failed.  So did Arizona Proposition 310, which would have increased sales taxes by 0.1% to fund fire districts.

But overall, it was a good election for the climate.

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Voters pass historic climate initiatives in ‘silent surprise’ of US midterms

Photo, posted September 24, 2021, courtesy of Ivan Radic via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio

Support For A Green New Deal

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Shortly after the November election, activists held a sit-in at Nancy Pelosi’s office calling for a Green New Deal – a plan to transform the U.S. energy economy in order to mitigate the effects of climate change as well as address various issues of economic justice.   While a number of Congress people have pledged to back the creation of a select committee to develop such a plan, it remains a political football and it remains to be seen whether anything will come of the idea.

There appears to be much less reticence on the part of voters, at least according to a survey conducted by the Yale Program on Climate Change Communication at the end of November.  The survey gave a brief explanation of the Green New Deal and asked respondents “How much do you support or oppose this idea?”

The result was that 81% of registered voters either “strongly” or “somewhat” supported it.  Support was stronger among Democrats at 92%, but a majority of Republicans were also in favor.  Some 57% of self-identified conservative Republicans even thought it was a good idea.

The Green New Deal would accelerate the transition from fossil fuels to clean, renewable energy.  The goal would be to generate 100% of the nation’s electricity from renewable sources within the next 10 years; upgrade the nation’s energy grid, buildings, and transportation infrastructure; increase energy efficiency; invest in green technology research and development; and provide training for jobs in the new green economy.

Even though most Americans have strong support for the ideas of the Green New Deal, it is quite uncertain whether such an initiative could become a reality, given that very influential special interest groups – notably the fossil fuel industry – will be fighting it tooth and nail.

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81% of Voters Support a Green New Deal, Survey Finds

Photo, posted March 19, 2012, courtesy of Kate Ausburn via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

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