New York Courts Provide Additional Guidance On Implementation Of Green Amendment

Based on recent decisions, judicial interpretation of New York's Environmental Rights Amendment (also called the Green Amendment) continues to evolve. The Green Amendment guarantees New Yorkers a "right to clean air and water, and a healthful environment." N.Y. Const., Art. 1, Sec. 19. Because relatively few courts have interpreted the Green Amendment since it took effect in 2022, its full impact remains uncertain. However, recent decisions suggest that courts are willing to limit the types of legal claims that may be maintained under the Green Amendment.

Green Amendment Not Retroactive and Requires a Significant Contribution to Environmental Harm

Addressing the standard for maintaining a Green Amendment claim, an Erie County Supreme Court (located in the Appellate Division's Fourth Department) recently held that the amendment did not provide a basis for enjoining a highway redevelopment project. W. N.Y. Youth Climate Council v. NYS Dep't of Transp., 2024 WL