Assembly Bill A9480

2009-2010 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

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Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A9480 (ACTIVE) - Details

See Senate Version of this Bill:
S1635
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง8-0119, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3279, S4618
2013-2014: A7155, S675
2015-2016: A4949, S885
2017-2018: A3386, S1540
2019-2020: A7971, S7548
2021-2022: A3510, S2798
2023-2024: A4287, S567

2009-A9480 (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.

2009-A9480 (ACTIVE) - Bill Text download pdf 

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

                                  9480

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. SWEENEY -- read once and referred to the Commit-
  tee 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.
                                                           LBD03266-01-9

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