§ 29-0505 — General provisions on environmental review and judicial review

New York § 29-0505

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 5: Advisory Committee On Permanent Disposal Facilities Siting and Disposal Method Selection
• Art. 29: Low-level Radioactive Waste Facilities

Text

§ 29-0505. General provisions on environmental review and judicial\n review.\nNotwithstanding any other provision of law:\n 1. In the event of any inconsistency between the provisions of this\narticle and the provisions of article eight or seventy of this chapter,\nor regulations issued pursuant thereto, the provisions of this article\nshall have precedence and apply to the exclusion of such provisions of\narticle eight or seventy of this chapter or the regulations issued\npursuant thereto.\n 2. a. Any person aggrieved by any administrative action or proceeding\nin connection with the adoption of siting criteria regulations pursuant\nto section 29-0103 of this article, with a certification or refusal to\ncertify a site or disposal method selection pursuant to section 29-0105\nof this article or with the issuance or denial of a required state\nlicense, permit, or other approval for low-level radioactive waste\nmanagement facilities may seek judicial review of such administrative\naction or proceeding in accordance with the provisions of this\nsubdivision. Any such special proceeding for judicial review shall be\nbrought in the appellate division of the supreme court of the judicial\ndepartment embracing the county wherein the site of the facilities is\nlocated, or, if the certification or the application for a state\nlicense, permit, or other approval is denied, the county wherein the\ncommission or applicant proposed to site or locate the facilities. Such\nreview may be initiated only by the filing of a petition in such court\nwithin thirty days after publication in the state register of notice of\nthe administrative action or decision, together with proof of service of\na demand on the commission, the department, and other state agencies, as\napplicable, for the filing with the court of a copy of the\nadministrative record. Upon receipt of such petition and demand, a copy\nof the administrative record and any decision shall forthwith be\ndelivered by the commission, the department, or other state agency, as\napplicable, to the court. The petition and any subsequent appeal shall\nbe heard on the administrative record without requirement of\nreproduction. No objection that has not been urged on the administrative\nrecord shall be considered by the court, unless the failure or neglect\nto urge such objection below shall be excused because the information\nunderlying such objection was unknown at the time of the administrative\nproceeding or because of other extraordinary circumstances.\n b. If such facilities are proposed to be sited or located in more than\none judicial department, such proceeding may be brought in any one but\nonly one of such departments. If petitions are filed in more than one\ncourt, the court in which a petition was first filed shall retain\nexclusive jurisdiction of the proceeding, and all other petitions shall\nbe transferred forthwith to said court. Upon motion by any party to the\nproceeding, or on its own motion, said court may transfer the\nproceedings to the appellate division in any other judicial department\nfor good cause. The jurisdiction of the appellate division shall be\nexclusive and its judgment and order shall be final, subject to review\nby the court of appeals in the same manner and form and with the same\neffect as provided for appeals in a special proceeding. All such special\nproceedings shall be heard and determined by the appellate division and\nby the court of appeals as expeditiously as possible and with precedence\nover all other matters except special proceedings under the election\nlaw.\n c. Except as otherwise provided in this subdivision, article\nseventy-eight of the civil practice law and rules shall apply to special\nproceedings and appeals therefrom taken pursuant to this subdivision.\n