2023 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  judicial
review.
  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.