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N.Y. Nav. Law § 170

Legislative intent

Applied in 7 court decisions — leading case Power Auth. of the State of N.Y. v. M/V Ellen S. Bouchard (2020)

Most recently applied in State of New York v. Alfa Laval Inc. (February 2023)

2014-09-22

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Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 170. Legislative intent. The legislature finds and declares that New\nYork's lands and waters constitute a unique and delicately balanced\nresource; that the protection and preservation of these lands and waters\npromotes the health, safety and welfare of the people of this state;\nthat the tourists and recreation industry dependent on clean waters and\nbeaches is vital to the economy of this state; that the state is the\ntrustee, for the benefit of its citizens, of all natural resources\nwithin its jurisdiction; and that the storage and transfer of petroleum\nbetween vessels, between facilities and vessels, and between facilities,\nwhether onshore or offshore, is a hazardous undertaking and imposes\nrisks of damage to persons and property within this state.\n The legislature finds and declares that the discharge of petroleum\nwithin or outside the jurisdiction of this state constitutes a threat to\nthe economy and environment of this state. The legislature intends by\nthe passage of this article to exercise the powers of this state to\ncontrol the transfer and storage of petroleum and to provide liability\nfor damage sustained within this state as a result of the discharge of\nsaid petroleum by requiring prompt cleanup and removal of such pollution\nand petroleum, and to provide a fund for swift and adequate compensation\nto resort businesses and other persons damaged by such discharge.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.