N.Y. Environmental Conservation Law 71-2505 – Enforcement
§ 71-2505. Enforcement.
Terms Used In N.Y. Environmental Conservation Law 71-2505
- Continuance: Putting off of a hearing ot trial until a later time.
- 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.
The attorney general, on his own initiative or at the request of the commissioner, shall prosecute persons who violate article twenty-five. In addition the attorney general, on his own initiative or at the request of the commissioner, shall have the right to recover a civil penalty of up to ten thousand dollars for every violation of any provision of such article, and to seek equitable relief to restrain any violation or threatened violation of such article and to require the restoration of any affected tidal wetland or area immediately adjacent thereto to its condition prior to the violation, insofar as that is possible, within a reasonable time and under the supervision of the commissioner. In the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation.