S4618-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Apr 13, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4618-2011 Memo

BILL NUMBER:S4618

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to
enacting the environmental access to justice act

PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the environmental conservation law to prevent
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.

SUMMARY OF PROVISIONS:
Section one creates the short title, "Environmental Access to Justice
Act," for use in reference and citation to this bill. Section two
amends the environmental conservation law by adding a new section
8-0119 that 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.

Section three provides that the act shall take effect immediately.

JUSTIFICATION:
Under current law individuals can be effectively barred from bringing
legal 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.
Individuals that may suffer harm from such violations of the
environmental conservation law should not be denied the right to have
their cases heard. This bill would enable individuals to bring
actions based on such harms.

LEGISLATIVE HISTORY:
2010:    S.1635 (Thompson)  - Defeated (29-32)
2009:    S.1635 (Thompson)  - 3rd Reading
2007-08: S.5182 (Morahan)   - Referred to Environmental Conservation
2006:    S.2380-A (Morahan) - Amend (T) and Recommit Environmental
         Conservation
2005:    S.2380 (Morahan)   - Referred to Environmental Conservation
2004:    S.6493 (Morahan)   - Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4618-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4618
 2011-2012 Regular Sessions
 I N  SENATE
 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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