senate Bill S675

Allows a person to institute an action for a violation of the provisions of the environmental quality review even if the injury does not affect the public at large

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Prevents individuals from being denied standing in private actions alleging violations of the environmental quality review provisions of the environmental conservation law solely on the basis that the injury alleged by such individual does not differ in kind or degree from the injury that would be suffered by the public at large.

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Bill Details

See Assembly Version of this Bill:
A7155
Versions:
S675
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §8-0119, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4618, A3279
2009-2010: S1635, A3423, A9480
2007-2008: A1435

Sponsor Memo

BILL NUMBER:S675

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to
enacting the environmental access to justice act

PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the environmental conservation law to prevent
individuals from being denied standing in private actions alleging
violations of the environmental quality review provisions of the
environmental conservation law solely on the basis that the injury
alleged by such individual does not differ in kind or degree from the
injury that would be suffered by the public at large.

SUMMARY OF PROVISIONS:
Section one creates the short title, "Environmental Access to Justice
Act," for use in reference and citation to this bill. Section two
amends the environmental conservation law by adding a new section
8-0119 that prevents individuals from being denied standing in
private actions alleging violations of the environmental quality
review provisions of the environmental conservation law solely on the
basis that the injury alleged by such individual does not differ in
kind or degree from the injury that would be suffered by the public
at large.

Section three provides that the act shall take effect immediately.

JUSTIFICATION:
Under current law individuals can be effectively barred from bringing
legal actions alleging violations of the environmental quality review
provisions of the environmental conservation law solely on the basis
that the injury alleged by such individual does not differ in kind or
degree from the injury that would be suffered by the public at large.
Individuals that may suffer harm from such violations of the
environmental conservation law should not be denied the right to have
their cases heard. This bill would enable individuals to bring
actions based on such harms.

LEGISLATIVE HISTORY:
2011-12: S.4618/A.3279 (Sweeney)
2009-10: S.1635 (Thompson)/A.9480 (Sweeney)
2007-08: S.5182 (Morahan)/A.1435 (Bradley)
2005-06: S.2380A (Morahan)/A.1435 (Bradley)
2003-04: S.6493 (Morahan/A.8673 (Bradley)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   675

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  enacting the environmental access to justice act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as  the  "environ-
mental access to justice act".
  S  2.  The  environmental  conservation law is amended by adding a new
section 8-0119 to read as follows:
S 8-0119. STANDING.
  IF A PERSON INSTITUTES A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES ALLEGING VIOLATIONS OF THIS  ARTICLE,  SUCH
PERSON SHALL NOT BE DENIED STANDING SOLELY ON THE GROUNDS THAT THE INJU-
RY  ALLEGED  BY  SUCH  PERSON DOES NOT DIFFER IN KIND OR DEGREE FROM THE
INJURY THAT WOULD BE SUFFERED BY THE PUBLIC AT LARGE.
  S 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03424-01-3

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