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NY S03345
Bill
Status
1/27/2025
Primary Sponsor
Kevin Parker
Click for details
AI Summary
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Allows any person who has suffered or may suffer an injury in fact to file civil lawsuits seeking injunctive and declaratory relief for violations of environmental conservation laws, including those related to water resources, air pollution, wetlands, coastal erosion, hazardous waste, and pesticides
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Requires plaintiffs to provide 60 days written notice via certified mail to the commissioner, attorney general, and alleged violator before commencing action, unless there is a substantial and imminent hazard to the environment
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Bars private citizen lawsuits if the Department of Environmental Conservation or Attorney General has already commenced and is actively prosecuting an enforcement action, or if the violation is subject to a consent order or compliance schedule
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Permits courts to award costs, disbursements, and reasonable attorney fees to prevailing plaintiffs, while capping fee awards to prevailing defendants at $10,000 and only when the lawsuit is found frivolous
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Delays enforcement actions against cities, villages, towns, and counties until September 1, 2029
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 ENVIRONMENTAL CONSERVATION
1/7/2026