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.
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Renew 81 For All v. New York State Department of Transportation
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.
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Seneca Lake Guardian v. New York State Department of Environmental 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 et al. 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
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Fresh Air for the Eastside v. Town of Perinton
Date filed: January 21, 2022
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THE PEOPLE OF THE STATE OF NY et al. 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.
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