CASES
Summaries of cases implicating the environmental right follow, along with a selection of the most relevant case filings. Additional filings may be available and, for cases in New York State courts, can be found on the New York State Electronic Court Filing system (NYSCEF).
Fresh Air for the Eastside, Inc. v. New York
Date filed: January 28, 2022
Description: Claim that odors, fugitive emissions, and climate change impacts from the operation of High Acres Landfill violate the environmental rights of nearby property owners and residents.
Documents:
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- FAFE complaint
- FAFE NYS motion to dismiss
- FAFE NYSDEC motion to dismiss
- FAFE Waste Management motion to dismiss
- FAFE resp NYSDEC mot dismiss
- FAFE resp NYC motion to dismiss
- FAFE resp Waste motion to dismiss
- Amended Decision, Motion to Dismiss
- Appellants Brief NYS & NYSDEC
- Appellant-Respondent Brief Waste Management
- Oral Argument Before the Appellate Division 4th Dept. 5/20/24
- Appellate Division 4th Dept. Memorandum and Order 7/26/24
Renew 81 For All v. N.y. State Dep’t of Transp.
Date filed: September 30, 2022
Description: Article 78 Petition seeking to annul approvals for the Interstate 81 Viaduct Project on numerous grounds, including that the failure to conduct adequate environmental review and the selection of an alternative that would cause unmitigated adverse environmental impacts violated Petitioners’ rights under the New York Environmental Right.
Documents:
Seneca Lake Guardian v. N.Y. State Dep’t of Env’t Conservation
Date filed: October 13, 2022
Description: Article 78 Petition challenging the issuance of a Solid Waste Management Permit for the construction and operation of a waste transfer facility on numerous grounds, including that NYSDEC failed to consider how granting the permit would affect Petitioner’s members’ rights under the Environmental Right Amendment where the permit application failed to address how produced leachate containing PFAS would be managed.
Documents:
Marte v. City of New York
Date filed: October 21, 2022
Description: Action seeking to annul approvals for and enjoin construction on the Two Bridges Project in part on the ground that inadequate environmental review and a failure to mitigate adverse environmental impacts violate neighboring residents’ rights under the New York Environmental Right
Documents:
Fresh Air for the Eastside v. Town of Perinton
Date filed: January 21, 2022
Documents:
THE PEOPLE OF THE STATE OF NY v. NORLITE, LLC.
Date filed: December 19, 2022
Description: Action brought by the Pace Environmental Litigation Clinic on behalf of neighbors and not-for-profit group Lights Out Norlite. The Complaint seeks tort claims against Norlite, an operator of a hazardous waste incineration facility in Cohoes, NY. The State had previously brought an enforcement action against Norlite, and LON seeks to intervene in that action. The Complaint also brings a declaratory Judgment claim against DEC, arguing that continued operation of the Norlite facility violates the neighbors’ constitutional right to clean air and a healthful environment.
Documents:
Ass’n of Prop. Owners of Sleepy Hollow Lake, Inc. v. Greene Cnty. Indus. Dev. Agency
Date filed: August 11, 2023
Description: Hybrid Article 78/DJ action to set aside the Greene County IDA’s determination to provide financial support for the Flint Mine Solar project on numerous grounds, including that the IDA failed to consider how granting the incentives would impact petitioners’ right to clean drinking water under the Environmental Right Amendment. The Complaint also seeks a declaratory judgment that the IDA determination violates the Sleepy Hollow APO and Sleepy Hollow Water Company’s constitutional right to a clean and healthful environment.
Documents:
Friends of Fort Greene Park, Inc. v. N.Y.C. Parks and Recreation Dep’t
Date filed: September 29, 2023
Description: Hybrid Article 78/DJ action to set aside the New York City Park Department’s determination to issue a Negative Declaration of Environmental Significance for the Fort Greene Park Infrastructure Reconstruction Project on numerous grounds, including that the Parks Department failed to consider how the Project would impact petitioners’ right to clean air and a healthy environment under the Environmental Right Amendment. The Complaint also seeks a declaratory judgment that the Parks Department determination violates petitioner’s constitutional right to a clean and healthful environment.
Documents:
People of the state of new york v. PepsiCo, Inc.
Date filed: November 15, 2023
Description: Action brought by the State Attorney General’s Office alleging that PepsiCo’s single-use plastic packaging has created a public nuisance since the company’s packaging far exceeds any other plastic pollution in the Buffalo River. Additionally, the action claims that PepsiCo fails to warn the public or consumers of its potential to contribute to plastic pollution found in waterways and does not warn about the dangers of such. The Green Amendment right to clean air, water, and a healthful environment is cited within the public nuisance claim.
Documents:
City of Auburn v. N.Y. State Dep’t of Health & N.Y. State Dep’t of Agric. & MKTS.
Date filed: January 5, 2024
Description: Article 78 action brought by the City of Auburn, Town of Owasco, and Owasco Watershed Lake Association, Inc. seeking to invalidate the DOH’s determination that it lacks the authority to promulgate regulations to protect drinking water supplies from nutrient pollution and seeking a declaration that the DOH’s denial of the request to propose new regulations and removal of regulations existing since 1985 were improperly taken and arbitrary and capricious. Further, petitioners seek an injunction to prevent the DOH from taking any further action to promulgate their new Watershed Rules and Regulations without agreement from the suppliers of water or without considering the impacts of their deregulatory actions on petitioners’ environmental rights.
Documents:
Neighbors for a True Oasis v. Village of Port Washington N.
Date filed: May 30, 2024
Description: Action brought by residents of Port Washington North to stop the Village from selling 7.45 acres of forested park area to a private developer who plans to build a residential community on the land.
Documents:
Riders Alliance v. Kathy Hochul
Date filed: July 25, 2024
Description: Article 78 action brought by the Riders Alliance, Sierra Club, and New York City Environmental Justice Alliance against Kathy Hochul as the Governor of New York, the NYS Department of Transportation (DOT) and its Commissioner Marie Therese, the MTA, and the Triborough Bridge & Tunnel Authority. Alleges that Governor Hochul violated the NY Constitutional Right to a clean and healthful environment as well as the Climate Leadershipp and Community Protection Act (CLCPA) when she decided to halt the Congestion Pricing Program on June 5, 2024. The Petitioners ask the court to enjoin Governor Hochul, the DOT and Commissioner Therese to take whatever actions are necessary to vacate, annul, or undo Governor Hochul’s decision to block the Congestion Pricing Program
Documents:
Seneca Lake Guardian, Inc. v. Seneca Meadows, Inc. & the N.Y. State Dep’t of Env’t Conservation
Date filed: March 25, 2024
Description: Action brought to enjoin defendants from actions that continue the operations of the solid waste landfill and facilities of the Seneca Meadows Landfill and to cause the abatement of noxious odeors emanating from the landfill. Further, the Plaintiffs seek an injunction preventing the proposed expansion of the landfill.
Documents:
Western New York Youth Climate Council v. N.Y.S. Dept. of Transportation
Date filed: June 14, 2024
Description: Action brought by the Western N.Y. Youth Climate Council and others seeking to annul approvals from the N.Y.S. Department of Transportation (DOT) issuing the Determination of No Significant Effect – Negative Declaration and the Final Design Report before choosing to proceed with the Route 33, Kensington Expressway Project. Petitioners alleged that the DOT acted in violation of the Climate Leadership and Community Protection Act (CLCPA) and that failing to follow recommendations of the Climate Scoping Plan, the DOT violated Petitioners’ right to clean air and a healthful environment as guaranteed by the N.Y. Constitution. This case was also combined with East Side Parkways Coalition v. N.Y.S. DOT (808702/2024 (EIS Proceeding) and 808572/2024 (Public Trust Doctrine)) and Terrence A. Robinson v. N.Y.S. DOT and City of Buffalo (000040/2024). On the injunction, the Court ruled that the Green Amendment did not apply and the injunction was denied. The Court denied the Respondent’s motion to dismiss the Petition in the Climate case.
Documents:
- Petition
- Memorandum of Law in Support of Petition
- Memorandum of Law in Opposition to the Petitions
- Reply Memorandum of Law in Further Support of Petition
- Memorandum of Law in Support of Preliminary a Injunction
- Memorandum of Law in Opposition to a Preliminary Injunction
- Memorandum Decision on a Preliminary Injunction
- Memorandum Decision on Motion to Dismiss