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: A7971
SPONSOR: O'Donnell (MS) 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 oy
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 stand-
ing 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).
Individuals who may suffer harm from such violations of the environ-
mental 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.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.
