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.
- 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
- Fresh Air For The East Site v. New York: first decision utilizing NY Green Amendment in context of a landfill.
- 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
- Lights Out Norlite — Ongoing Legal: New York communities using Green Amendment to seek protection from hazardous air pollution emitting from industrial operation where the state has failed to take meaningful enforcement action needed to protect human health and the environment. To support community legal action and secure strong interpretation of NY’s Green Amendment, Green Amendments For The Generations has filed an amicus brief with the court. Here you can read the Green Amendments FTG Amicus Brief we filed with sister organization Delaware Riverkeeper Network.
- Fresh Air For The Eastside — Ongoing Legal: New York Green Amendment legal action to protect communities from air pollution & greenhouse gas emissions appealed by the state. You can read the Green Amendments For The Generations Amicus Brief here. The State of NY Appellate Division, without disturbing the lower court findings regarding the self-executing nature of the NY Green Amendment, dismissed the case on July 26, 2024. Plaintiffs have said publicly they plan to appeal.
- 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.
- Seneca Lake Guardians vs. Seneca Meadows Landfill — Ongoing Legal: Community, property & business owners joined together to challenge the ongoing operations of the Seneca Meadows Landfill, as well as a proposed expansion of the landfill and the failure of the NY DEC to enforce violations of the permit that oversees the landfill’s operations.
- Green Amendments For The Generations & Delaware Riverkeeper Network Amicus regarding the self-executing nature of New York’s Green Amendment: this amicus seeks to quiet the ongoing legal debate regarding whether the New York should be interpreted as self-executing.
- PADEP v PA Legislative Reference Bureau, is an ongoing legal action regarding the legal and constitutional viability of a Pennsylvania Department of Environmental Protection rulemaking developed to effectuate Pennsylvania’s membership in the Regional Greenhouse Gas Initiative (RGGI), a cooperative effort among 11 eastern states to reduce carbon dioxide emissions. There is an ongoing litigation regarding the legal standing of the rules, including an effort by 3 environmental organizations seeking to intervene and defend the rules on PA Green Amendment grounds. Green Amendments For The Generations joined with our sister organization Delaware Riverkeeper Network in an Amicus Brief 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.
- 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
