N.Y. Environmental Conservation Law § 29-0505: General provisions on environmental review and judicial review

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

review.

Notwithstanding any other provision of law:

1. In the event of any inconsistency between the provisions of this

article and the provisions of article eight or seventy of this chapter,

or regulations issued pursuant thereto, the provisions of this article

shall have precedence and apply to the exclusion of such provisions of

article eight or seventy of this chapter or the regulations issued

pursuant thereto.

2. a. Any person aggrieved by any administrative action or proceeding

in connection with the adoption of siting criteria regulations pursuant

to section 29-0103 of this article, with a certification or refusal to

certify a site or disposal method selection pursuant to section 29-0105

of this article or with the issuance or denial of a required state

license, permit, or other approval for low-level radioactive waste

management facilities may seek judicial review of such administrative

action or proceeding in accordance with the provisions of this

subdivision. Any such special proceeding for judicial review shall be

brought in the appellate division of the supreme court of the judicial

department embracing the county wherein the site of the facilities is

located, or, if the certification or the application for a state

license, permit, or other approval is denied, the county wherein the

commission or applicant proposed to site or locate the facilities. Such

review may be initiated only by the filing of a petition in such court

within thirty days after publication in the state register of notice of

the administrative action or decision, together with proof of service of

a demand on the commission, the department, and other state agencies, as

applicable, for the filing with the court of a copy of the

administrative record. Upon receipt of such petition and demand, a copy

of the administrative record and any decision shall forthwith be

delivered by the commission, the department, or other state agency, as

applicable, to the court. The petition and any subsequent appeal shall

be heard on the administrative record without requirement of

reproduction. No objection that has not been urged on the administrative

record shall be considered by the court, unless the failure or neglect

to urge such objection below shall be excused because the information

underlying such objection was unknown at the time of the administrative

proceeding or because of other extraordinary circumstances.

b. If such facilities are proposed to be sited or located in more than

one judicial department, such proceeding may be brought in any one but

only one of such departments. If petitions are filed in more than one

court, the court in which a petition was first filed shall retain

exclusive jurisdiction of the proceeding, and all other petitions shall

be transferred forthwith to said court. Upon motion by any party to the

proceeding, or on its own motion, said court may transfer the

proceedings to the appellate division in any other judicial department

for good cause. The jurisdiction of the appellate division shall be

exclusive and its judgment and order shall be final, subject to review

by the court of appeals in the same manner and form and with the same

effect as provided for appeals in a special proceeding. All such special

proceedings shall be heard and determined by the appellate division and

by the court of appeals as expeditiously as possible and with precedence

over all other matters except special proceedings under the election

law.

c. Except as otherwise provided in this subdivision, article

seventy-eight of the civil practice law and rules shall apply to special

proceedings and appeals therefrom taken pursuant to this subdivision.