Bill Text: NY A03279 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A03279 Detail]

Download: New_York-2011-A03279-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3279
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by  M.  of  A.  SWEENEY,  LANCMAN,  PAULIN,  LIFTON, CASTRO,
         O'DONNELL,  SCHIMEL,  COLTON,  ROSENTHAL,  ENGLEBRIGHT,  GOTTFRIED  --
         Multi-Sponsored  by -- M. of A. BRENNAN, CLARK, COOK, DINOWITZ, GLICK,
         HOOPER, LATIMER, MAISEL, MILLMAN, THIELE, WEISENBERG -- read once  and
         referred 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:
    1    Section  1.  This act shall be known and may be cited as the "environ-
    2  mental access to justice act".
    3    S 2. The environmental conservation law is amended  by  adding  a  new
    4  section 8-0119 to read as follows:
    5  S 8-0119. STANDING.
    6    IF A PERSON INSTITUTES A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE
    7  CIVIL  PRACTICE  LAW AND RULES ALLEGING VIOLATIONS OF THIS ARTICLE, SUCH
    8  PERSON SHALL NOT BE DENIED STANDING SOLELY ON THE GROUNDS THAT THE INJU-
    9  RY ALLEGED BY SUCH PERSON DOES NOT DIFFER IN KIND  OR  DEGREE  FROM  THE
   10  INJURY THAT WOULD BE SUFFERED BY THE PUBLIC AT LARGE.
   11    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