The new court will hear and determine Westchester-based civil disputes that involve issues that could affect the region's air, water, traffic and transportation, minerals, natural resources, forest management, flora, fauna, noise, population patterns and growth, existing community neighborhood character and human health. It will not generally deal with challenges to area variances or easement disputes for one-, two- and three- family residences, nor will it handle criminal matters.
Among its other spheres of influence the court will hear cases involving: actions that are the outgrowth of certain environmental laws, including the State Environmental Quality Review Act, State Environmental Conservation Law, Urban Renewal Law, Eminent Domain Procedure Law, New York State Historic Preservation Act and the Coastal Erosion Law.
The court will also hear cases involving determinations made by a local legislative body, planning board, and wetlands board, including the approval or denial of zoning, subdivision, wetland, site plan and excavation permits, regulatory interpretations, and other land disturbance and other permits and licenses based on environmental criteria. In addition, the environmental court will hear determinations of local Zoning Boards of Appeals; regulatory taking and other constitutional claims challenging land use and other environmentally related laws, regulations, ordinances and determinations.
Other matters that could be reviewed by the court are: determinations made under the New York City Watershed Rules and Regulations, the New York City Water Supply and Sources, and the New York State Department of Health Regulations pertaining to the protection of the water supply. In addition it will hear cases on actions involving the remediation, civil enforcement and/or cost allocation or recovery relating to the discharge, threatened discharge or regulation of toxic or hazardous substances.
County Executive Spano said, "As County Executive, I have focused on water quality, pesticide reduction, open space and preserving our waterfront. Now we've added one more focus -- an environmental court, which appears to be the state's first such court."
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