Fresh Air for the Eastside, Inc. v. State

In a lawsuit asserting that operation of the second largest landfill in New York violated the State Constitution’s Environmental Rights Amendment, the New York Appellate Division reversed a trial court and granted New York State and the New York State Department of Environmental Conservation’s motion to dismiss. A nonprofit corporation with members residing near the landfill alleged that odors and fugitive emissions (including greenhouse gas emissions) from the landfill violated their rights under the Environmental Rights Amendment. The Appellate Division found that the plaintiff failed to state a claim against the State defendants because the only conduct by the State defendants that allegedly violated the plaintiff’s constitutional rights was a failure to take enforcement actions against the operator based on the allegedly inadequate operation of the landfill. Because the decision whether to take enforcement action involved exercise of judgment or discretion, the remedy of mandamus was not available. The appellate court affirmed the dismissal of the Environmental Rights Amendment claims against the landfill’s private operator and against New York City, which sent waste to the landfill.