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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3510
SPONSOR: O'Donnell
 
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 would restore the Legislature's original intent for SEQRA by
eliminating the "special harm" standing requirement created by the Court
of Appeals. It does so by amending the environmental conservation law to
prevent individuals from being denied standing solely on the basis that
the injury alleged does not differ in kind or degree from toe injury
that would be suffered by the public at large.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill 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 case law, which alters the original legislative intent of
SEQRA, 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. (Society of the
Plastics Industry v. County of Suffolk), 77 N.Y. 2d 761 (1991). In 2009
the Court of Appeals modified, but did not eliminate, the standing rule
that requires a petitioner to pliad and prove injury that is different
from that faced by most members of the public. (Save the Pine Bush v.
Common. Council of the City of Albany), 13 N.Y. 3d 297 (2009). Individ-
uals who 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.
 
PRIOR LEGISLATIVE HISTORY:
A.7971 of 2020 (third reading)
A.3386 of 2018 (Environmental Conservation)
A.4949 of 2016 (Environmental Conservation)
A.7155 of 2014 (third reading);
A.3279 of 2012 (Environmental Conservation);
A.9480 of 2010 (passed Assembly);
A.1435 of 2008 (passed Assembly);
A.114-A of 2006 (passed Assembly);
A.8673 of 2004 (passed Assembly).
 
FISCAL IMPLICATIONS:
None to state and local governments.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3510
2021-2022 Regular Sessions
IN ASSEMBLY
January 27, 2021
___________
Introduced by M. of A. O'DONNELL, ENGLEBRIGHT, PAULIN, COLTON, GOTT-
FRIED, ABINANTI, PEOPLES-STOKES, STECK, JACOBSON, WEPRIN, SIMON --
Multi-Sponsored by -- M. of A. COOK, DINOWITZ, GALEF, GLICK, 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 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 § 2. The environmental conservation law is amended by adding a new
4 section 8-0119 to read as follows:
5 § 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 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06410-01-1