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Senate Bill S1635

2009-2010 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status Via A3423 - In Senate Committee

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2009-S1635 (ACTIVE) - Details

See Assembly Version of this Bill:
A3423
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง8-0119, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4618, A3279
2013-2014: S675, A7155
2015-2016: S885, A4949
2017-2018: S1540, A3386
2019-2020: S7548, A7971
2021-2022: S2798, A3510
2023-2024: S567, A4287
2025-2026: S3206

2009-S1635 (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-S1635 (ACTIVE) - Sponsor Memo

2009-S1635 (ACTIVE) - Bill Text download pdf 

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

                                  1635

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by Sen. THOMPSON -- 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.
                                                           LBD03266-01-9

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