N.Y. Environmental Conservation Law 71-1205 – Enforcement
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§ 71-1205. Enforcement.
Terms Used In N.Y. Environmental Conservation Law 71-1205
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
1. The attorney general shall, at the request of the commissioner, or may, on his own initiative, seek equitable relief to restrain any violation or threatened violation of article twenty-two of this chapter.
2. The attorney general shall, at the request of the commissioner, or may, on his own initiative, commence a civil action to recover damages, including punitive damages, for any willful, reckless or negligent violation of the provisions of such article suffered by reason of a violation thereof. The costs including but not limited to filing fees and costs for expert witnesses incurred by the attorney general in prosecuting any such action shall be assessed against any person who violates such provisions.