Bill S4618-2011

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

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.

Details

Actions

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4618 2011-2012 Regular Sessions IN 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.

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