§ 71-1311 — Injunction against violations

New York § 71-1311

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 13: Enforcement of Article 23
• Art. 71: Enforcement

Text

§ 71-1311. Injunction against violations.\n 1. Whenever it appears that any person is violating or threatening to\nviolate any provision of article 23 of this chapter or is committing any\noffense described in section 71-1305 of this title, the department,\nacting by the Attorney General, may bring suit against such person in\nany court of competent jurisdiction to restrain such person from\ncontinuing such violation or from carrying out the threat of violation.\nIn any such suit, the court shall have jurisdiction to grant to the\ndepartment without bond or other undertaking, such prohibitory or\nmandatory injunctions as the facts may warrant, including temporary\nrestraining orders and preliminary injunctions.\n 2. If the department, acting by the Attorney General, shall fail to\nbring suit to enjoin a violation or threatened violation of any\nprovision of article 23, or any rule, regulation, or order of the\ndepartment made pursuant hereto, within ten days after receipt of\nwritten request to do so by any person who is or will be adversely\naffected by such violation, the person making such request may bring\nsuit in his own behalf to restrain such violation or threatened\nviolation in any court in which the department might have brought suit.\nThe department shall be made a party in such suit in addition to the\nperson violating or threatening to violate a provision of article 23, or\na rule, regulation, or order of the department, and the action shall\nproceed and injunctive relief may be granted to the department without\nbond, or other undertaking in the same manner as if suit had been\nbrought by the department.\n