Skip to content
A3386Assembly2017-2018 SessionSame asS1540

Expand Environmental Lawsuits Rights

Official title

“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”

Sponsor Daniel O'DonnellAD-69+10 co-sponsorsAffects Environment & Energy
Status
In Assembly Committee
Environmental Conservation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Environmental Conservation

What's happening

This bill allows individuals to sue for environmental law violations even if their harm is not different from the general public's.

Why it matters

  1. Expands access to the courts for environmental protection. by allowing anyone—not just those uniquely harmed—to challenge government or private actions allegedly violating environmental laws, increasing public oversight and accountability.

  2. Reduces barriers for community groups and activists. to bring environmental lawsuits, enabling broader participation in legal efforts to protect air, water, and land, even if the harm affects everyone equally.

  3. Could lead to more frequent litigation over environmental issues. , potentially pushing state agencies and developers to be more careful with compliance, since more people would have legal standing to sue.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Expand Environmental Lawsuits Rights

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Daniel O'Donnell

Assembly Member · Assembly District 69

History

  1. Referred to environmental conservation
  2. Referred to environmental conservation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S1540Senate

Let Anyone Sue for Pollution

In Senate Committee · Environmental Conservation · Sponsor Tony Avella

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3386

2017-2018 Regular Sessions

IN ASSEMBLY

January 27, 2017

Introduced by M. of A. O'DONNELL, ENGLEBRIGHT, PAULIN, LIFTON, COLTON, GOTTFRIED, ABINANTI, PEOPLES-STOKES, TITONE, SKOUFIS, STECK -- Multi- Sponsored by -- M. of A. COOK, DINOWITZ, GALEF, GLICK, HOOPER, PERRY, THIELE -- 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 Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as the "environmental access to justice act".

§ 2. The environmental conservation law is amended by adding a new section 8-0119 to read as follows: § 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 injury alleged by such person does not differ in kind or degree from the injury that would be suffered by the public at large.

§ 3. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00587-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.