In November 2021, New Yorkers overwhelmingly approved a ballot measure to amend the state constitution and enshrine their right to "clean air and water, and a healthful environment." Those eight words created the potential for a new legal regime, offering communities the highest possible defense against pollution and environmental injustice.
But the strength of that defense depends on how courts interpret it. A county supreme court judge near Rochester provided the first indication of that in December when he ruled that a suit against the state can proceed. The state appealed the decision in late January, raising questions about whether it believes the new constitutional provision, commonly referred to as the "green amendment," has any legal significance at all.
