New York is widely considered to have the strongest environmental laws in the US.
The United States Constitution is silent on the environment. There is no federal environmental rights amendment to the constitution in the US.
Abraham Lincoln is considered to be the first "green president" because of his actions to protect the environment and support the study of science by signing the Yosemite Grant Act, which protected Yosemite Valley and Mariposa Grove as California state-owned wilderness for public enjoyment in 1864.
President Richard Nixon's administration is credited with initiating many of the most important, and enduring, environmental policies in American history, when the Environmental Protection Agency (EPA) was established in 1970 to protect the environment and public health which was followed by the passage of several environmental laws, including:
The Clean Air Act of 1970
The Clean Water Act of 1972
The Endangered Species Act of 1973
With the enactment of EPA, in early 1970’s several U.S. states adopted green amendments to their constitutions, aiming to secure these environmental rights as legally enforceable. The state of Pennsylvania was the first to pass an actual environmental/green rights amendment as part of their state's bill of rights in 1971. Montana added environmental/green rights in 1972.
President Joe Biden's historic Climate Agenda tackled climate change, created jobs, and restored scientific integrity (Jan. 27, 2021) via the Inflation Reduction Act – the most significant climate crisis investment in U.S. history – and the Bipartisan Infrastructure Law.
With the Biden’s Climate Agenda in 2022 New York state added an environmental/green rights amendment to their bill of rights. Article I section 19 of the New York Constitution provides, "Each person shall have a right to clean air and water, and a healthful environment."
Artist: Fatma Kadir
State Level Green Amendment Movement
Green Amendments For The Generations is a movement founded by environmental advocate and attorney Maya Van Rossum to promote state-by-state adoption of a “Green Amendment” in the Bill of Rights section of every state constitution — and eventually the U.S. Constitution —to advance Green Amendment movement to secure a constitutional right to pure water, clean air, a stable climate & healthy environments, for all people, including future generations, regardless of race, ethnicity, or socioeconomics. Van Rossum launched the national movement following a landmark 2013 legal victory that utilized Pennsylvania’s green amendment to defeat a pro-fracking law passed by the state legislature.
Green Amendments are constitutional provisions that ensure environment as a basic civil liberty —like clean air, pure water, and a stable climate. These rights can require government officials to prioritize environmental protections in energy policy with courts playing an important role in enforcing environmental rights. These rights are recognized and protected at a fundamental level setting a legal foundation for environmental protection, often allowing citizens to sue for environmental harm and hold the government accountable for preserving natural resources.
Green Amendments to State Constitutions can lead to stronger environmental policies and actions by providing a legal framework for environmental protection that surpasses regular legislation. They embed environmental rights directly into the state constitution, reflecting a high priority on sustainability and public health threats which has reached record levels according to the 2024 Lancet Countdown report.
New York is widely considered to have the strongest environmental laws in the US. It has been a signatory to the Chesapeake Bay Watershed Agreement since June of 2014. The state enacted a constitutional green amendment in 2022 with New York State's Climate Agenda requiring New York to reduce economy-wide greenhouse gas emissions 40 percent by 2030 and no less than 85 percent by 2050 from 1990 levels. NYS directs a minimum of 35 percent of benefits to disadvantaged communities22.
In an effort to protect NYS’s environment and recover $2.2 billion in climate-related damages caused by fossil fuel emissions in 2023 alone, New York Governor Kathy Hochul on December 26th, 2024 signed into law the landmark Climate Change Superfund Act which targets fossil fuel companies by charging polluters that emitted over a billion tons of greenhouse gas from 2000 to 2018, based on their historical share of total emissions. “With nearly every record rainfall, heatwave, and coastal storm, New Yorkers are increasingly burdened with billions of dollars in health, safety, and environmental consequences due to polluters that have historically harmed our environment,” Governor Kathy Hochul explained. “Establishing the Climate Superfund is the latest example of my administration taking action to hold polluters responsible for the damage done to our environment and requiring major investments in infrastructure and other projects critical to protecting our communities and economy.”
New York has been advancing a suite of efforts to achieve an emissions-free economy by 2050, including energy, buildings, transportation, and waste sectors. NYS became the second state in the nation to set up this type of Superfund. Vermont passed a similar bill earlier this year with New Jersey23, Colorado24, Minnesota, California, Maryland and Massachusetts proposing to enact similar legislation25.
The Melting Age Art Show at the National Lighthouse Museum, New York March 15 – June 1. 2025
The US is suffering increasingly severe damage from climate change-driven disasters, including the wildfires in Los Angeles and face enormous expenses associated with mitigating and adapting to the impacts with 2024 emerging as the hottest year on record26. Temperature anomalies exceeded the 2.7° F (1.5° C) limit for 13 out of the last 14 months resulting in 24 weather and climate disasters impacting States with losses exceeding $1 billion during 2024.
THE MELTING AGE, a film by Alfons Rodríguez & José Bautista
Accordingly, the legal environmental developments in states are hailed as landmarks for environmentalists that may serve as a model for similar cases across the country by illustrating the importance of securing constitutional Green Amendments in every state coupled with Superfund laws that mandate the biggest polluters to bankroll climate adaptation efforts. These measures could strengthen the ability and obligation of government officials and the courts to meaningfully address the climate crisis. And facilitate advocates to fight for essential environmental and climate protections.
The U.S. Climate Alliance a bipartisan coalition of 24 governors securing America’s net-zero future by advancing state-led, high-impact climate action explains that “America’s climate-leading states, […] will not waver in our commitment to confronting the climate crisis, protecting our progress, and relentlessly pressing forward. No matter what, we’ll fight for the future Americans demand and deserve, where our communities, our health, our environment, and our economy all thrive. We will not turn back” and we will demonstrate that climate action goes hand-in-hand with economic growth, job creation, and better public health.
Please join The Melting Age art show by award winning photographer and film maker Alfons Rodriguez and oil artist Fatma Kadir at the National Lighthouse Museum from March 15 until to June 1, 2025.
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