§ 71-2911. Injunction against violations.

Terms Used In N.Y. Environmental Conservation Law 71-2911

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Whenever it appears that any person is violating or threatening to violate any provision of article 33 of this chapter or any rule, regulation or order issued thereunder or is committing any offense described in section 33-1301 of this chapter, the department, acting by the attorney general, may bring suit against such person in any court of competent jurisdiction to restrain such person from continuing such violation or from carrying out the threat of violation. In any such suit, the court shall have jurisdiction to grant to the department without bond or other undertaking, such prohibitory or mandatory injunctions as the facts may warrant, including temporary restraining orders or preliminary injunctions.