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NY S07814
Bill
Status
6/21/2012
Primary Sponsor
Kevin Parker
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AI Summary
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Grants private citizens the right to initiate civil actions for injunctive and declaratory relief against violations of specified environmental conservation laws, including those regarding hazardous waste sites, air quality, water quality, and wildlife protection.
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Requires plaintiffs to provide 60 days written notice by certified mail to the Commissioner, Attorney General, and alleged violator before commencing action, with exceptions for substantial and imminent environmental hazards.
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Prohibits private actions if the state or Attorney General has already commenced enforcement proceedings, or if a valid consent order or settlement agreement exists with the alleged violator in compliance.
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Limits awards of costs and attorney fees to prevailing defendants to $10,000 maximum, only when the private action is found frivolous, while prevailing plaintiffs may recover full reasonable costs and fees.
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Exempts municipalities and state agencies from private enforcement actions until September 1, 2015, and preserves existing enforcement rights under prior law.
Legislative Description
Enacts "private environmental law enforcement act"; authorizes any private citizen who has an interest which is or may be adversely affected to commence civil judicial actions for injunctive or declaratory relief to remedy environmental harms under certain circumstances; provides that such action may be commenced against any person for any violation of an administrative or court order compelling an investigation or remediation of an inactive hazardous waste disposal site.
Last Action
REFERRED TO RULES
6/21/2012