Sierra Club v. Village of Painted Post

In Sierra Club v. Village of Painted Post (26 NY3d 301, 43 NE3d 745, 2015 WL 7288109 [2015]), the Court, in reversing the Third Department's finding that the petitioner did not have standing, stated that the Appellate Division "applied an overly restrictive analysis of the requirement to show harm 'different from that of the public at large,' by reasoning that because other Village residents also lived along the train line, the petitioner did not suffer noise impacts different from his neighbors." The Court of Appeals stated that just because more than one person may be harmed does not defeat standing, and standing cannot be denied because many people suffer the same injury. (Id. at 310-311.) In Sierra Club, the Court found that the petitioner was not alleging an indirect, collateral effect from the increased train noise expected by the public at large, but rather "a particularized harm that may also be inflicted upon others in the community who live near the tracks." (Id. at 311.) The Court held that the petitioner's "allegation about train noise caused by the increased train traffic keeping him awake at night, even without any express differentiation between the train noise running along the tracks and the noise from the transloading facility, would be sufficient to confer standing." (Id.)