Legal & Advocacy Successes
In the three states that have Green Amendments — Pennsylvania, Montana, New York — communities are using their constitutional rights to fight for, and WIN, critical environmental protections.
Some efforts involve litigation, others are advocacy. Every victory – whether through legal action or effective community organizing and advocacy — sets important precedent and becomes powerful inspiration for others seeking and/or enforcing their own Green Amendment rights. You can read about some of the key successes and ongoing efforts here.
LEARN MORE: Legal & Advocacy Victories | Advocacy & Legal Ongoing | Notable Court Opinions
Pennsylvania
- Robinson Twp, Delaware Riverkeeper Network et.al. v. Commonwealth: pro-fracking law defeated as unconstitutional
- PEDF v. Commonwealth: misappropriation of environmental funds secured through fracking leases on public lands a constitutional concern
- Delaware Riverkeeper Network v. PADEP re Bishop Tube: failure of state to act to address decades of high level site contamination is a constitutional concern
- PEDF IV: Supreme Court speaks to the constitutional environmental rights of future generations.
- Center Coalfield Justice v. PADEP: longwall coal mining permit revision unlawful as constitutional violation
- Friends of Lackawanna v. PADEP: landfill renewal permit ordered modified to address historic groundwater contamination
- PA Attorney General Empanels Grand Jury to investigate systemic failures of government regards to the environmental and community impacts fracking
- PA Public Utilities Commission re Transource Powerline: PUC Administrative Law Judge recommends denial of powerline approval that later adopted by the PUC Commissioners.
- Marple Township v Pennsylvania Public Utilities Commission: affirming obligation of all government to conduct a constitutionally-based environmental assessment of proposed action as part of decision making.
- PA Senators Yaw & Baker, et. al. v. DRBC, Delaware Riverkeeper Network, PA Senator Santarsiero, et. al.: challenge to ban on fracking dismissed for lack of standing, including because the ban protects the state’s natural resources as required by the PA Green Amendment.
- PADEP v. PA Legislative Reference Bureau, Motion to Intervene by Environmental Organizations: PA Supreme Court decision granting intervention to environmental organizations to challenge government action regarding climate change, including because of PA Green Amendment protections. In the end, the law suit was dismissed as moot but the findings of this decision regarding standing remain good law.
- Carnahan v Slippery Rock Zoning Hearing Bd: Court affirms that local government is also bound to comply with the PA Green Amendment.
- Gibraltar Rock v. PADEP: a series of decisions confirming the constitutional importance of fully considering the environmental implications of proposed government action as part of decisionmaking.
- Commonwealth v. Monsanto: As a result of their constitutional duty to serve as trustee of PA’s natural resources, State agencies have standing to pursue damages for harm to state natural resources.
- Peifer v. Colerain: Affirming that each government agency/entity has a duty to fulfill its constitutional Green Amendment obligations; it is an obligation that cannot be taken from them.
Montana
- Held v. Montana, State Supreme Court ruling: youth plaintiffs have standing, climate is among the protected rights, law prohibiting consideration of greenhouse gas emissions and climate change is unconstitutional.
- Held v. Montana: Trial court rules in favor of the right to a safe climate & declares law provision unconstitutional
- Held v. State of Montana: Youth Climate Legal Action withstands motion to dismiss largely because of environmental rights (in other states without a Green Amendment similar cases have been dismissed).
- Park Cty Envtl Council & Greater Yellowstone Coalition v. MT DEA & Lucky Minerals: gold mining exploration license vacated and state law deemed unconstitutional for exempting activities from essential environmental reviews.
- Cape France Enterprises v. Estate of Peed: court rejected ordering specific performance of a drilling contract that could have contaminated groundwater supply
- MEIC v. Montana DEQ: industrial gold mining permit rescinded for failure to consider and protect natural resources
New York
- Friends of Fort Greene Park v. NYC Parks: affirming the NY Green Amendment is self executing and can be used by private individuals to challenge the constitutionality of government action. In the final analysis, the amendment upheld the thorough review and findings of the government.
- East Side Parkways Coalition, et al. v. N.Y.S. Dep’t of Transp, re Kensinton Expressway: NY Green Amendment can be used to ensure full and fair review of environmental impacts to affected communities.
- Western N.Y. Youth Climate Council, et al. v. N.Y.S. Dep’t of Transp., et al, Re Kensington Expressway: NY Green Amendment is not retroactive to decisions purely in the past, but decisions in the present about issues that may have foundation in the past can be impacted.
- Fresh Air For The East Site v. New York: first decision utilizing NY Green Amendment in context of a landfill. While this case did not successfully progress on appeal, the higher courts did not disturb the self-executing finding of the Supreme Court, leaving in place this essential legal finding.
- Marte, et. al. v. City of New York: affirming that the NY Green Amendment is not retroactive.
Green Amendment Advocacy Victories
- Marple Township Commissioners Rely on Art 1 Section 27: Twp Commissioners reject damaging development that would have devastated treasured woodland, the Don Guanella Woods
- Gov Wolf Vetoes law that prohibited communities from instituting plastic ban protections
- PFAS Protections: Pennsylvania Government Advances PFAS Standards to Protect Environmental Rights & Fulfill Constitutional Green Amendment Obligation
- Amicus Brief Filed in Marple v. PUC — Ongoing Legal: read the amicus brief filed by Green Amendments For The Generations & partner organizations supporting the Town of Marple as they respond to the state’s appeal. Brief focuses on the proper interpretation and application of the Pennsylvania Green Amendment for ensuring proper consideration of constitutional and environmental impacts.
- Green Amendments FTG & Delaware Riverkeeper Network Amicus Brief filed in case re PA RGGI regulation: to help explain important aspects of the PA amendment and the obligation it creates on PA government agencies to ensure they are preventing and addressing the release of climate changing emissions and doing their part to address and remedy the climate crisis.
- Widener, Green Amendments FTG, Delaware Riverkeeper Network, PennFuture, Clean Air Council Amicus Brief filed in case of Gibralter Rock v PADEP: duty of government to do a pre-decisional, informed and holisitic review of environmental rights and natural resource impacts during permitting.
- Green Amendments FTG Amicus Brief re Lites Out Norlite Case: Green Amendments are self-executing and can address both government action and inaction.
- Green Amendments FTG Amicus Brief re Fresh Air For The Eastside: Green Amendments are self-executing. New York’s amendment is enforceable.
- Green Amendments FTG & Delaware Riverkeeper Network Amicus filed in Partnership for Public Good v. City of Buffalo: this amicus seeks to quiet the ongoing legal debate regarding whether the New York should be interpreted as self-executing.
Visit our Green Amendments Advocacy page, to learn about ongoing advocacy efforts involving Green Amendments, including opportunities for you to engage.
- Robinson Township, Delaware Riverkeeper Network, et al v. Commonwealth of Pennsylvania., PA Sup. Ct. Dec. 19, 2013 – Plurality Opinion
- PEDF v. Commonwealth, PA Sup Ct., June 20, 2017
- Montana Environmental Info Ctr V. Dept of Envtl Quality, MT Sup Ct, 1999
- Park County Envtl Comm’n & Greater Yellowstone Coalition v. MT DEQ & Lucky Minerals, MT Sup. Ct., Dec 8 2020
- Held v MT, MT Sup Ct, December 18, 2024
