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Assembly Bill A3386

2017-2018 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

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2017-A3386 (ACTIVE) - Details

See Senate Version of this Bill:
S1540
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
2011-2012: A3279, S4618
2013-2014: A7155, S675
2015-2016: A4949, S885
2019-2020: A7971, S7548
2021-2022: A3510, S2798
2023-2024: A4287, S567
2025-2026: S3206

2017-A3386 (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.

2017-A3386 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3386
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. O'DONNELL, ENGLEBRIGHT, PAULIN, LIFTON, COLTON,
   GOTTFRIED, ABINANTI, PEOPLES-STOKES, TITONE, SKOUFIS, STECK --  Multi-
   Sponsored  by -- M. of A. COOK, DINOWITZ, GALEF, GLICK, HOOPER, PERRY,
   THIELE -- 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".
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 8-0119 to read as follows:
 § 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.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00587-01-7

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