N.Y. Environmental Conservation Law 71-2305 – Enforcement
§ 71-2305. Enforcement.
Terms Used In N.Y. Environmental Conservation Law 71-2305
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
1. The attorney general, upon their own initiative or upon complaint of the commissioner or local government, shall prosecute persons alleged to have violated article twenty-four of this chapter.
2. The commissioner or local government shall have the right to seek equitable relief to restrain any violation or threatened violation of any provisions of article twenty-four.
3. In exercising its authority pursuant to title eight of article twenty-four of this chapter, the Adirondack park agency shall have authority to exercise the powers of the commissioner to enforce article twenty-four set forth in this title; provided, however, that nothing herein contained shall empower the agency to exercise the powers granted the commissioner by section 71-0525 of this article.