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Transportation

Environmental Law

Touro University Jacob D. Fuchsberg Law Center

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Full-Text Articles in Urban Studies and Planning

Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn Jan 2024

Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn

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Numerous states have amended their constitutions to include a green amendment (that is, an amendment providing that the state's citizens have a right to a healthy environment). Unfortunately, the vagueness of these amendments leaves an enormous amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.