Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 19-0705
Persons other than the state shall not acquire actionable rights
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 19, TITLE 7
§ 19-0705. Persons other than the state shall not acquire actionable

rights.

The basis for proceedings or other actions that shall result from
violations of any code, rule or regulation which shall be promulgated by
the department pursuant to this article shall inure solely to and shall
be for the benefit of the people of the state generally and it is not
intended to create in any way new or enlarged rights or to enlarge
existing rights. A determination by the commissioner that air pollution
or air contamination exists or that any code, rule or regulation has
been disregarded or violated, whether or not a proceeding or action may
be brought by the state, shall not create by reason thereof any
presumption of law or finding of fact which shall inure to or be for the
benefit of any person other than the state.