senate Bill S4618

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

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Apr 13, 2011 referred to environmental conservation

S4618 - Details

See Assembly Version of this Bill:
A3279
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง8-0119, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S1635, A3423, A9480

S4618 - 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.

S4618 - Sponsor Memo

S4618 - Bill Text download pdf

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

                                  4618

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

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.
                                                           LBD02954-01-1

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