NY State Senate Bill 2011-S4618

Senate Bill S4618

2011-2012 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

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to environmental conservation
Apr 13, 2011	referred to environmental conservation

2011-S4618 (ACTIVE) - Details

See Assembly Version of this Bill:: A3279
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §8-0119, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1635, A3423, A9480
2013-2014: S675, A7155
2015-2016: S885, A4949
2017-2018: S1540, A3386
2019-2020: S7548, A7971
2021-2022: S2798, A3510
2023-2024: S567, A4287

2011-S4618 (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.

2011-S4618 (ACTIVE) - Sponsor 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.

2011-S4618 (ACTIVE) - Bill Text download pdf

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

                                  4618

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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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