How Green Amendments Are Helping in the 3 Green Amendment States: Pennsylvania, Montana, New York.
(Key Green Amendment cases laid out & explained.)
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
- Marple Township Commissioners Rely on Art 1 Section 27: reject damaging development that would have devastated treasured woodland, the Don Guanella Woods
- PFAS Protections: Pennsylvania Government Advances PFAS Standards to Protect Environmental Rights & Fulfill Constitutional Green Amendment Obligation
- 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 Attorney General is routinely using the PA Green Amendment to support environmental protection efforts
- Gov Wolf Vetoes law that prohibited communities from instituting plastic ban protections
- 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.
Montana:
- MEIC v. Montana DEQ: industrial gold mining permit rescinded for failure to consider and protect natural resources
- Held v. Montana: final lower court decision protecting the right to a safe climate
- Cape France Enterprises v. Estate of Peed: court rejected ordering specific performance of a drilling contract that could have contaminated groundwater supply
- 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.
- 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).
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.
Court Issued Legal Opinions
- 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
- Fresh Air for the Eastside, Inc. v. State of New York, Supreme Court State of New York County of Monroe, Dec 7. 2022
- Fresh Air For The East Side v. Town of Perinton, Supreme Court State of New York County of Monroe, Dec. 8, 2022
- Held v. Montana, First Judicial District Court, August 14, 2023
