§ 29-0505. General provisions on environmental review and judicial

review.
Notwithstanding any other provision of law:

1. In the event of any inconsistency between the provisions of this
article and the provisions of article eight or seventy of this chapter,
or regulations issued pursuant thereto, the provisions of this article
shall have precedence and apply to the exclusion of such provisions of
article eight or seventy of this chapter or the regulations issued
pursuant thereto.

2. a. Any person aggrieved by any administrative action or proceeding
in connection with the adoption of siting criteria regulations pursuant
to section 29-0103 of this article, with a certification or refusal to
certify a site or disposal method selection pursuant to section 29-0105
of this article or with the issuance or denial of a required state
license, permit, or other approval for low-level radioactive waste
management facilities may seek judicial review of such administrative
action or proceeding in accordance with the provisions of this
subdivision. Any such special proceeding for judicial review shall be
brought in the appellate division of the supreme court of the judicial
department embracing the county wherein the site of the facilities is
located, or, if the certification or the application for a state
license, permit, or other approval is denied, the county wherein the
commission or applicant proposed to site or locate the facilities. Such
review may be initiated only by the filing of a petition in such court
within thirty days after publication in the state register of notice of
the administrative action or decision, together with proof of service of
a demand on the commission, the department, and other state agencies, as
applicable, for the filing with the court of a copy of the
administrative record. Upon receipt of such petition and demand, a copy
of the administrative record and any decision shall forthwith be
delivered by the commission, the department, or other state agency, as
applicable, to the court. The petition and any subsequent appeal shall
be heard on the administrative record without requirement of
reproduction. No objection that has not been urged on the administrative
record shall be considered by the court, unless the failure or neglect
to urge such objection below shall be excused because the information
underlying such objection was unknown at the time of the administrative
proceeding or because of other extraordinary circumstances.

b. If such facilities are proposed to be sited or located in more than
one judicial department, such proceeding may be brought in any one but
only one of such departments. If petitions are filed in more than one
court, the court in which a petition was first filed shall retain
exclusive jurisdiction of the proceeding, and all other petitions shall
be transferred forthwith to said court. Upon motion by any party to the
proceeding, or on its own motion, said court may transfer the
proceedings to the appellate division in any other judicial department
for good cause. The jurisdiction of the appellate division shall be
exclusive and its judgment and order shall be final, subject to review
by the court of appeals in the same manner and form and with the same
effect as provided for appeals in a special proceeding. All such special
proceedings shall be heard and determined by the appellate division and
by the court of appeals as expeditiously as possible and with precedence
over all other matters except special proceedings under the election
law.

c. Except as otherwise provided in this subdivision, article
seventy-eight of the civil practice law and rules shall apply to special
proceedings and appeals therefrom taken pursuant to this subdivision.