Assembly Bill A3279

2011-2012 Legislative Session

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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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A3279 (ACTIVE) - Details

See Senate Version of this Bill:
S4618
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §8-0119, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3423, A9480, S1635
2013-2014: A7155, S675
2015-2016: A4949, S885
2017-2018: A3386, S1540
2019-2020: A7971, S7548
2021-2022: A3510, S2798
2023-2024: A4287, S567

2011-A3279 (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.

2011-A3279 (ACTIVE) - Bill Text download pdf 

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

                                  3279

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by  M.  of  A.  SWEENEY,  LANCMAN,  PAULIN,  LIFTON, CASTRO,
  O'DONNELL,  SCHIMEL,  COLTON,  ROSENTHAL,  ENGLEBRIGHT,  GOTTFRIED  --
  Multi-Sponsored  by -- M. of A. BRENNAN, CLARK, COOK, DINOWITZ, GLICK,
  HOOPER, LATIMER, MAISEL, MILLMAN, THIELE, WEISENBERG -- 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.
                                                           LBD02954-01-1

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