Approved June 11, 2019

RESOLUTION OF THE GREATER UTICA CHAMBER OF COMMERCE OPPOSING A PROPOSED “GREEN AMENDMENT” TO THE NEW YORK STATE CONSTITUTION  TO CREATE A NEW CATEGORY OF ENVIRONMENTAL RIGHTS

WHEREAS; the New State Legislature has recently passed the so-called “Green Amendment” to change the State Constitution; and

WHEREAS; the proposed constitutional amendment would need to be passed in two consecutive sessions of the Legislature, signed by the Governor, and then approved by voter referendum to become effective; and

WHEREAS; the proposal would create an individual right to “clean air and water and a healthful environment” but does not define the terms “clean” or “healthful environment”; and

WHEREAS; the proposed amendment would be “self-executing,” meaning it would grant every citizen, interest group, and their attorneys automatic standing to sue for any perceived environmental transgression; and

WHEREAS; automatic standing to bring litigation would, therefore, not require that a case be tied to any corresponding legislation; a complainant would not need to cite a violation of any of the voluminous existing environmental laws and regulations that are presently in place to protect the rights of people and businesses; and

WHEREAS; in the absence of any citation of corresponding existing law, it will be up to each court to determine what constitutes a “healthful environment,” how “clean” is defined, and what legal remedy should be enacted to address alleged transgressions; and

WHEREAS; enactment of this amendment would result in a substantial increase in costly litigation against private property owners, businesses and corporations, and governmental agencies; and

WHEREAS; the threat of litigation will reduce potential investments in New York State projects, and severely impede the ability to conduct economic development projects and infrastructure improvements;

NOW THEREFORE BE IT RESOLVED; the Greater Utica Chamber of Commerce does hereby oppose the proposed amendment to the New York State Constitution to create new, undefined, environmental rights with automatic standing to bring litigation.