Utah 2025 Regular Session

Utah House Bill HB0438 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 438
	1	+	02-18 14:02 1st Sub. (Buff) H.B. 438
	2	+	Colin W. Jack proposes the following substitute bill:
2	3		1
3	4		Environmental Legal Action Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Colin W. Jack
7		-	Senate Sponsor: ~~David P. Hinkins~~
	8	+	Senate Sponsor:
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill modifies a bond requirement for an environmental action.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ modifies the definition of "environmental action" to address a permit issued by the
22	23		9
23	24		Division of Oil, Gas, and Mining; and
24	25		10
25	26		▸ makes technical and conforming changes.
26	27		11
27	28		Money Appropriated in this Bill:
28	29		12
29	30		None
30	31		13
31	32		Other Special Clauses:
32	33		14
33	34		None
34	35		15
35	36		Utah Code Sections Affected:
36	37		16
37	38		AMENDS:
38	39		17
39	40		78B-5-828, as enacted by Laws of Utah 2011, Chapter 116
40	41		18
41	42
42	43		19
43	44		Be it enacted by the Legislature of the state of Utah:
44	45		20
45	46		Section 1. Section 78B-5-828 is amended to read:
46	47		21
47	48		78B-5-828 . Bond required in an environmental action.
48	49		22
49	50		(1) As used in this section:
50	51		23
51	52		(a) "Administrative stay" means a stay or other temporary remedy issued by an agency
52	53		24
53	54		under Section 63G-4-405.
54	55		25
55	56		(b)(i) "Environmental action" means a cause of action that:
56	57		26
57	58		[(i)] (A) is filed on or after May 10, 2011; and
58	59		27
59	60		[(ii)] (B) seeks judicial review of a final agency action to issue a permit by[:] the
60	61		28
61		-	Department of Natural Resources, the Department of Transportation, or the ~~H.B. 438 Enrolled Copy~~
	62	+	Department of Natural Resources, the Department of Transportation, or the
62	63		29
63	64		School and Institutional Trust Lands Administration.
	65	+	1st Sub. H.B. 438 1st Sub. (Buff) H.B. 438 02-18 14:02
64	66		30
65	67		[(A) the Department of Natural Resources;]
66	68		31
67	69		[(B) the Department of Transportation; or]
68	70		32
69	71		[(C) the School and Institutional Trust Lands Administration.]
70	72		33
71	73		(ii) "Environmental action" does not include a cause of action that seeks judicial
72	74		34
73	75		review of a final agency action to issue a permit by the Division of Oil, Gas, and
74	76		35
75	77		Mining under Title 40, Chapter 10, Coal Mining and Reclamation.
76	78		36
77	79		(c) "Ultimately prevail on the merits" means, in the final judgment, the court rules in the
78	80		37
79	81		plaintiff's favor on at least one cause of action.
80	82		38
81	83		(2) A plaintiff who obtains a preliminary injunction or administrative stay in an
82	84		39
83	85		environmental action, but does not ultimately prevail on the merits of the environmental
84	86		40
85	87		action, is liable for damages sustained by a defendant who:
86	88		41
87	89		(a) opposed the preliminary injunction or administrative stay; and
88	90		42
89	91		(b) was harmed by the preliminary injunction.
90	92		43
91	93		(3) A court may not issue a preliminary injunction and an agency may not grant an
92	94		44
93	95		administrative stay in an environmental action until the plaintiff posts with the court or
94	96		45
95	97		the agency a surety bond or cash equivalent:
96	98		46
97	99		(a) in an amount the court or agency considers sufficient to compensate each defendant
98	100		47
99	101		opposing the preliminary injunction or administrative stay for damages that each
100	102		48
101	103		defendant may sustain as a result of the preliminary injunction or administrative stay;
102	104		49
103	105		(b) written by a surety licensed to do business in the state; and
104	106		50
105	107		(c) payable to each defendant opposing the preliminary injunction or administrative stay
106	108		51
107	109		in the event the plaintiff does not prevail on the merits of the environmental action.
108	110		52
109	111		(4) If there is more than one plaintiff, the court or agency shall establish the amount of the
110	112		53
111	113		bond required by Subsection (3) for each plaintiff in a fair and equitable manner.
112	114		54
113	115		(5)(a) If the plaintiff does not ultimately prevail on the merits of the environmental
114	116		55
115	117		action, the court shall execute the bond and award damages to each defendant who:
116	118		56
117	119		(i) opposed the preliminary injunction or administrative stay; and
118	120		57
119	121		(ii) was harmed as a result of its issuance.
120	122		58
121	123		(b) If the amount of money secured by the surety bond or cash equivalent:
122	124		59
123	125		(i) exceeds the damages awarded, the court or agency shall return the excess to the
124	126		60
125	127		plaintiff; and
126	128		61
127	129		(ii) is less than the damages awarded, the court or agency shall order the plaintiff to
128	130		62
129	131		pay the remaining damages.
130		-	- 2 - Enrolled Copy H.B. 438
131	132		63
132	133		(6) Notwithstanding any other provision of law, a court's or agency's refusal to require the
	134	+	- 2 - 02-18 14:02 1st Sub. (Buff) H.B. 438
133	135		64
134	136		posting of a surety bond or cash equivalent as required by this section is subject to
135	137		65
136	138		immediate appeal.
137	139		66
138	140		Section 2. Effective Date.
139	141		67
140	142		This bill takes effect on May 7, 2025.
141	143		- 3 -