Bond required in an environmental action.

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  • (1) As used in this section:
    • (a) "Administrative stay" means a stay or other temporary remedy issued by an agency under Section 63G-4-405.
    • (b) "Environmental action" means a cause of action that:
      • (i) is filed on or after May 10, 2011; and
      • (ii) seeks judicial review of a final agency action to issue a permit by:
        • (A) the Department of Natural Resources;
        • (B) the Department of Transportation; or
        • (C) the School and Institutional Trust Lands Administration.
    • (c) "Ultimately prevail on the merits" means, in the final judgment, the court rules in the plaintiff's favor on at least one cause of action.
  • (2) A plaintiff who obtains a preliminary injunction or administrative stay in an environmental action, but does not ultimately prevail on the merits of the environmental action, is liable for damages sustained by a defendant who:
    • (a) opposed the preliminary injunction or administrative stay; and
    • (b) was harmed by the preliminary injunction.
  • (3) A court may not issue a preliminary injunction and an agency may not grant an administrative stay in an environmental action until the plaintiff posts with the court or the agency a surety bond or cash equivalent:
    • (a) in an amount the court or agency considers sufficient to compensate each defendant opposing the preliminary injunction or administrative stay for damages that each defendant may sustain as a result of the preliminary injunction or administrative stay;
    • (b) written by a surety licensed to do business in the state; and
    • (c) payable to each defendant opposing the preliminary injunction or administrative stay in the event the plaintiff does not prevail on the merits of the environmental action.
  • (4) If there is more than one plaintiff, the court or agency shall establish the amount of the bond required by Subsection (3) for each plaintiff in a fair and equitable manner.
  • (5)
    • (a) If the plaintiff does not ultimately prevail on the merits of the environmental action, the court shall execute the bond and award damages to each defendant who:
      • (i) opposed the preliminary injunction or administrative stay; and
      • (ii) was harmed as a result of its issuance.
    • (b) If the amount of money secured by the surety bond or cash equivalent:
      • (i) exceeds the damages awarded, the court or agency shall return the excess to the plaintiff; and
      • (ii) is less than the damages awarded, the court or agency shall order the plaintiff to pay the remaining damages.
  • (6) Notwithstanding any other provision of law, a court's or agency's refusal to require the posting of a surety bond or cash equivalent as required by this section is subject to immediate appeal.




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