If dismissed, a lawsuit to stop the expansion of New York's Seneca Meadows landfill could undermine the state's Green Amendment, which guarantees a right to "clean air."
Peter Mantius reports for Inside Climate News.
In short:
- New York's Attorney General Letitia James is pushing for the dismissal of a lawsuit against the Seneca Meadows landfill, citing a previous appellate court decision regarding a similar case.
- Plaintiffs argue that the Seneca Meadows landfill violates their constitutional rights to clean air under the Green Amendment by emitting noxious odors, seeking an injunction to prevent landfill expansion.
- The court's decision on this case will impact how New York's Green Amendment is enforced and interpreted concerning environmental rights.
Key quote:
"SMI seeks to continue to impose those unconstitutional burdens on its neighbors."
— Philip H. Gitlen, attorney for Seneca Lake Guardian.
Why this matters:
The outcome could weaken legal protections under New York’s Green Amendment, affecting residents’ rights to a clean environment. It sets a precedent for how environmental constitutional rights are enforced across the state.
Related: Pennsylvania’s first proposed hazardous waste landfill would be near homes and schools
