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Bill > S03345


NY S03345

NY S03345
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.


summary

Introduced
01/27/2025
In Committee
01/27/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the environmental conservation law, in relation to granting private citizens the right to initiate civil enforcement actions for violations of such law

AI Summary

This bill enacts the "Private Environmental Law Enforcement Act," which allows private citizens to file civil lawsuits to address environmental violations under specific circumstances. The bill empowers any person who has suffered or may suffer an injury to initiate legal action against individuals or entities that violate environmental regulations, administrative orders, or court orders related to hazardous waste disposal sites. Specifically, citizens can seek injunctive or declaratory relief for violations across numerous environmental law categories, including water quality, land use, air pollution, and waste management. Before filing a lawsuit, plaintiffs must provide a 60-day written notice to the commissioner, attorney general, and alleged violator, giving authorities an opportunity to address the issue. The bill includes several important provisions: it prevents actions against government entities except in specific circumstances, requires court approval for settlements, allows the state to intervene in lawsuits, and provides guidelines for awarding costs and fees. Notably, the bill includes a safeguard preventing frivolous lawsuits by requiring courts to carefully evaluate the basis of claims and potentially limiting cost awards. The legislation takes effect immediately but includes a provision delaying actions against local municipalities until September 1, 2029, providing time for cities, towns, and counties to prepare for potential legal challenges.

Committee Categories

Agriculture and Natural Resources

Sponsors (5)

Last Action

REFERRED TO ENVIRONMENTAL CONSERVATION (on 01/27/2025)

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