| Abstract: | While many environmental practitioners consider the passage of the Resource Conservation and Recovery Act in the 1970s and the Comprehensive Environmental Response, Compensation, and Liability Act in the 1980s as the dawn of modern environmental law, New York State has a robust body of antipollution law that predates those federal statutes by decades. By the turn of the twentieth century, New York State statutes, embracing well-established common law principles, contained limitations on the disposal of harmful industrial waste into the waters of the state. The New York State Public Health Law required permits for certain discharges of industrial waste, and the common law provided injunctions and monetary damages for those injured by environmental pollution. This body of law should not be overlooked during coverage disputes over historical environmental contamination because it documents an awareness by the state legislature of the impact of pollution on both surface and groundwaters of the state, and because it demonstrates that harmful unpermitted discharges were prohibited by law since the beginning of the twentieth century. |
