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The Brian Lehrer Show

How a Climate Ruling in Montana Could Impact New York

The Brian Lehrer Show

WNYC

Bryan, Politics, Arts, Npr, News, Wnyc, News Commentary, Nyc, Daily News, Lerer, New, Public, Radio, Media, York

4.61.5K Ratings

🗓️ 22 August 2023

⏱️ 20 minutes

🧾️ Download transcript

Summary

Last week, a judge in Montana ruled that the state has to take into account climate change mitigation when it weighs future fossil fuel projects. Samantha Maldonado, reporter at The City covering climate and resiliency, and Michael Gerrard, professor of law at Columbia Law School and the founder and faculty director of the Sabin Center for Climate Change Law, discuss what this could mean for New York State, where voters passed a green amendment back in 2021.

What the Landmark Climate Ruling in Montana Means for New York

Transcript

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0:00.0

It's the Bryan Lair Show on WNYC. Good morning again, everyone. I'm Bridget Bergen,

0:12.5

Philly and Bryan, who's off this week. And now, our climate story of the week. What

0:18.3

last week's landmark climate change ruling in Montana may signal for other states, and

0:23.6

specifically, its implications for New York. If you need catching up, last Monday, a judge

0:28.9

in Montana ruled that the state cannot prohibit taking climate change into account as it

0:34.3

weighs fossil fuel projects. And this case began when 16 young plaintiffs, age 5 to 22, argued

0:42.5

that by developing fossil fuel projects, Montana's government violated their right to a clean

0:48.6

and helpful environment as established in the state constitution.

0:53.0

Samantha Montelnato, reporter for the non-profit news organization The City, has a new story

0:57.5

which points to the similarities between Montana's constitutional right to a clean and

1:02.3

helpful environment and a provision in the New York Constitution known as the Green Amendment.

1:08.2

Samantha Montelnato joins me now. And also with us is Michael Gerard, a professor at Professor

1:14.3

of Law at Columbia Law School in the Founder and Faculty Director of the Sabin Center for

1:19.4

Climate Change. Samantha Michael, welcome to WNYC.

1:24.2

And so, Samantha, can you remind us first what New York's Green Amendment is? It might have

1:31.7

slipped under the radar when it passed back in November 2021 for some of our listeners,

1:36.7

particularly those paying attention to our last segment when we had that big mayoral election.

1:41.9

Sure. So New York throughout the state has a Green Amendment in its constitution now, and that

1:48.2

is the right to clean air and water and a helpful environment. Voters statewide had passed this

1:55.2

through a ballot measure in November 2021. And so now that right is enshrined in our state constitution.

2:02.8

And that right, excuse me, you report has been part of seven lawsuits being spurred

2:13.6

filed in New York, invoking the Green Amendment. And these include challenges to skyscrapers in Manhattan

...

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