NYLPI, Earthjustice and Five Orgs from Communities Historically Failed by Environmental Laws File First Case Brought Under NY’s Environmental Rights Amendment

February 23, 2024

Climate and Energy Justice, Disability Justice, Environmental Justice, Health Justice, News, Waste Equity

Image shows a NYLPI sign on the steps of New York's Tweed Courthouse in Lower Manhattan

NYLPI and co-counsel Earthjustice filed an amicus brief in the case Fresh Air for the Eastside v. New York, currently on appeal in the New York Appellate Division Fourth Department. Fresh Air is the first case brought under New York’s Environmental Rights Amendment (ERA), which guarantees each person “a right to clean air and water, and a healthful environment.”

The brief, filed on February 23, 2024, argues that the ERA is a self-executing, fundamental right, intended to fill gaps where existing environmental laws and regulations have failed. NYLPI and Earthjustice represented five organizations in this matter, each from a community that have historically and presently been failed by environmental laws. These organizations — South Bronx Unite, Newburgh Clean Water Project, Brookhaven Landfill Action and Remediation Group, Southeast Queens Residents Environmental Justice Coalition, and PfoaProject — have leveraged community power to combat environmental injustices in their neighborhoods.

NYLPI and Earthjustice’s amicus brief seeks to ensure that the ERA is another tool they can use in the fight for environmental justice.

Read the brief here.

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