New York Appellate Court Dismisses Green Amendment Claim And Rejects Argument That Amendment Is Self-Executing

A New York intermediate appellate court recently affirmed the dismissal of a claim alleging violations of the State's Environmental Rights Amendment, also known as the Green Amendment. People of the State of New York v. Norlite, LLC, No. CV-25-0091, 2026 WL 530410 (3d Dep't Feb. 26, 2026).This is the second appellate court to interpret the Green Amendment, which provides New Yorkers "a right to clean air and water, and a healthful environment." N.Y. Const., Art. 1, Sec. 19. It is the first appellate court to consider—and reject—arguments that the Green Amendment is self-executing, meaning parties can challenge an action without any additional grant of authority from the legislature or a regulatory entity.

The State of New York and the New York State Department of Environmental Conservation (DEC) filed suit against a hazardous waste processing facility. Local non-profits and residents intervened in that action, asserting that the State and DEC violated the Green Amendment by failing to take adequate enforcement action and by allowing the facility to continue operating. The trial court dismissed the Green Amendment claim.

On February 26, 2026, the Third Department affirmed the dismissal of the Green Amendment claim. The appellate court first rejected arguments that the Amendment creates a "self-executing substantive right that imposes environmental standards above and beyond" the preexisting environmental regulatory regime. Comparing New York's Green Amendment to those of other states, the court explained that it did not include language authorizing enforcement action, and legislative history demonstrated that it was not intended to change any laws or give citizens additional rights against businesses.

Because intervenors lacked a private right of action under the Green Amendment, the court also considered whether they had a remedy in an Article 78 proceeding. In finding that they did not, the Third Department applied the same reasoning as the Fourth Department in Fresh Air for the Eastside, Inc. v. State of New York, the only other appellate court to address this issue. Specifically, the court concluded that the intervenors essentially sought mandamus relief to compel enforcement action against the facility. But mandamus relief is not available for such actions requiring agency judgment and discretion.

Since the Green Amendment took effect in 2022, numerous environmental and community groups have brought claims under the Amendment challenging projects and permits. The Norlite decision significantly limits the viability of these claims, though it will not be the last word on this issue. Regulated entities in New York should continue to monitor new litigation surrounding the Green Amendment and other appellate decisions interpreting its reach.

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