What's happening
This bill allows individuals to challenge environmental violations in court even if their injury is the same as the public's.
Why it matters
Expands access to courts for environmental issues. By allowing individuals to bring legal actions even if their harm is shared with the general public, this bill could lead to more lawsuits challenging environmental violations, increasing accountability for potential polluters.
Reduces legal barriers for community advocacy. Previously, people often had to prove a "special" or unique injury to have standing in environmental cases. This bill removes that hurdle, empowering ordinary citizens and community groups to participate more actively in environmental protection.
Potential for increased government oversight. With more individuals able to bring cases, state agencies and private actors may face greater scrutiny and pressure to comply with environmental regulations, possibly leading to stronger enforcement and quicker responses to violations.
May influence the scope and pace of environmental litigation. If courts see more cases from a broader array of plaintiffs, this could both accelerate the development of environmental law and increase judicial workload, with possible downstream effects on policy and regulatory priorities.
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Who cares
Headline styles
Let Anyone Sue for Pollution
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to environmental conservation
- 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.
Expand Environmental Lawsuits Rights
In Assembly Committee · Environmental Conservation · Sponsor Daniel O'Donnell
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1540
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
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 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.
Sponsor's memo
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
2015-16: S.885/A.4949 (O'Donnell) 2013-14: S.675/A.7155 (O'Donnell) 2011-12: S.4618/A.3279 (Sweeney) 2009-10: S.1635 (Thompson)/A.9480 (Sweeney) 2007-08: S.5182 (Morahan)/A.1435 (Bradley) 2005-06: S.2380A (Morahan)/A.1435 (Bradley) 2003-04: S.6493 (Morahan/A.8673 (Bradley)
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.