“Protection of our environment, most would agree, is the defining issue of our time. Mindful of this, last year New York voters approved an amendment to our state constitution’s Bill of Rights providing that “each person shall have the right to clean air and water, and to a healthful environment.”
In those 15 words the right to a healthy environment was for the first time cloaked in constitutional protection in New York, and deemed equivalent to protection afforded speech, trial by jury, religious liberty, and equal protection under the law.
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The implication for New Yorkers is potentially significant. In the past, the state would endeavor to balance development and environmental impact, largely by seeking mitigation measures. The court’s decision suggested that because of the Green Amendment, the ultimate determinant of whether an activity is permissible or not is the environmental impact on the community. For low-income and minority communities that have shouldered a disproportionate share of adverse environmental impacts from property development and industry, this provides meaningful leverage to safeguard their residents.”
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Fein, Scott. Albany Times Union 19 December 2022.