Description: Lawsuit alleging that development of three skyscrapers on Lower East Side of Manhattan violated the New York Constitution's Environmental Rights Amendment.
Marte v. City of New York
Filing Date Type File Action Taken Summary 10/21/2022 Complaint Download Complaint filed. Lower Manhattan Plaintiffs Said Development Project Violated New Environmental Rights Amendment. A New York City Councilmember and residents of Manhattan’s Lower East Side filed a lawsuit in New York Supreme Court alleging that the development of a project that included three skyscrapers violated the New York Constitution’s new Environmental Rights Amendment and the State Environmental Quality Review Act. The Amendment provides that “each person shall have a right to clean air and water, and a healthful environment.” The plaintiffs alleged that the Amendment required the City to take a hard look at the Amendment’s impact on the project’s implementation and to determine whether it would implicate the plaintiffs’ constitutional rights. They contended that a supplemental environmental impact statement was required to look at this issue. The suit included climate change-related allegations, including that the final environmental impact statement failed to evaluate impacts on greenhouse gas emissions and climate change “as mandated by the Constitutional Amendment.”