NY Env Conserv L § 29-0505 (2021)
2021 New York Laws ENV - Environmental Conservation Article 29 - Low-Level Radioactive Waste Facilities Title 5 - Advisory Committee on Permanent Disposal Facilities Siting and Disposal Method Selection 29-0505 - General Provisions on Environmental Review and Judicial Review.

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