Harris Beach Appellate Practice Group attorneys Steven Nonkes, Brian Ginsberg, and Laura Smalley, along with co-counsel Kelly Foss of Lippes Mathias LLP, obtained a decision from the New York Supreme Court Appellate Division, Fourth Department dismissing claims asserted under the “Environmental Rights Amendment” to the New York State Constitution.
In the first case brought under the Environmental Rights Amendment, the plaintiff, Fresh Air for the Eastside, Inc., asserted claims against Waste Management of New York, LLC, based on Waste Management’s operation of the High Acres Landfill. The plaintiff also asserted claims against the New York State Department of Environmental Conservation (DEC) seeking to compel the DEC to take discretionary enforcement action against Waste Management. The trial court dismissed the claims against Waste Management but allowed the claims against the DEC to proceed, so Waste Management and the other defendants filed an interlocutory appeal.
Harris Beach Appellate Practice Group chair Brian Ginsberg argued the appeal on behalf of Waste Management.
The appellate court determined that the plaintiff could not assert constitutional claims directly against Waste Management because it is a private party, not a government actor. The court also rejected the plaintiff’s claims seeking to compel the DEC to take discretionary enforcement action. The entire decision dismissed the plaintiff’s case in its entirety.
Harris Beach’s Appellate Practice Group has a track record of success representing clients in cases involving a diverse array of industries and areas of law. Should you have questions, please contact Steven Nonkes at (585) 419-8847 and snonkes@harrisbeachmurtha.com, Brian Ginsberg at (914) 298-3028 and bginsberg@harrisbeachmurtha.com, Laura Smalley at (585) 419-8736 and lsmalley@harrisbeachmurtha.com, or the Harris Beach attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, Long Island, New York City, Rochester, Saratoga Springs, Syracuse and White Plains, as well as Washington D.C., New Haven, Connecticut and Newark, New Jersey.
