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Home » Monroe County » Landmark Green Amendment case against FLX area landfill heads to appeals court

Landmark Green Amendment case against FLX area landfill heads to appeals court

A pivotal lawsuit, Fresh Air for the Eastside vs. New York State and Waste Management Co., is testing New York’s 2021 Green Amendment, which grants residents the constitutional right to “clean air and water, and a healthful environment.”

The case, filed in the state Supreme Court in Monroe County, is challenging the operations of a 300-acre landfill managed by Waste Management and regulated by the state Department of Environmental Conservation (DEC).


The lawsuit seeks to compel the landfill to implement environmental safeguards like plastic liners. This is one of the first legal actions invoking the Green Amendment since its inception and could set a significant precedent for future environmental litigation in the state.

The lawsuit, which originally included New York City due to its waste being transported to the Monroe County landfill, has seen the city dismissed from the case. However, the suit against the DEC continues, now in the appellate division, with implications for Waste Management’s operational procedures.

Lawyers for Waste Management argue that the Green Amendment is too vague and cannot be used to enforce specific changes without more detailed legislative guidelines. The case is closely watched by legal experts and environmentalists alike, as its outcome could influence a range of similar lawsuits.