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Assembly Bill A3423

2009-2010 Legislative Session

Relates to standing to bring an action for a violation of the provisions of the state environmental quality review act

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-A3423 (ACTIVE) - Details

See other versions of this Bill:
A9480 ,
S1635 ,
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง8-0119, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3279
2013-2014: A7155
2015-2016: A4949
2017-2018: A3386
2019-2020: A7971
2021-2022: A3510
2023-2024: A4287

2009-A3423 (ACTIVE) - 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.

2009-A3423 (ACTIVE) - Bill Text download pdf 

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

                                  3423

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. BRADLEY, BOYLAND, BRENNAN, COLTON, ENGLEBRIGHT,
  FIELDS, GOTTFRIED, PAULIN,  ROBINSON,  ROSENTHAL,  KAVANAGH,  SCHIMEL,
  BING,  SPANO,  WRIGHT, PERALTA, LANCMAN -- Multi-Sponsored by -- M. of
  A. CLARK, DIAZ, JAFFEE, LATIMER, LIFTON, LUPARDO, McENENY, PHEFFER  --
  read once and referred 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.
                                                           LBD03266-01-9

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