Enrolled Copy H.B. 438
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Environmental Legal Action Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Colin W. Jack
Senate Sponsor: David P. Hinkins
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LONG TITLE
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General Description:
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This bill modifies a bond requirement for an environmental action.
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Highlighted Provisions:
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This bill:
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▸ modifies the definition of "environmental action" to address a permit issued by the
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Division of Oil, Gas, and Mining; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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78B-5-828, as enacted by Laws of Utah 2011, Chapter 116
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 78B-5-828 is amended to read:
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78B-5-828 . Bond required in an environmental action.
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(1) As used in this section:
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(a) "Administrative stay" means a stay or other temporary remedy issued by an agency
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under Section 63G-4-405.
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(b)(i) "Environmental action" means a cause of action that:
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[(i)] (A) is filed on or after May 10, 2011; and
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[(ii)] (B) seeks judicial review of a final agency action to issue a permit by[:] the
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Department of Natural Resources, the Department of Transportation, or the H.B. 438 Enrolled Copy
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School and Institutional Trust Lands Administration.
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[(A) the Department of Natural Resources;]
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[(B) the Department of Transportation; or]
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[(C) the School and Institutional Trust Lands Administration.]
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(ii) "Environmental action" does not include a cause of action that seeks judicial
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review of a final agency action to issue a permit by the Division of Oil, Gas, and
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Mining under Title 40, Chapter 10, Coal Mining and Reclamation.
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(c) "Ultimately prevail on the merits" means, in the final judgment, the court rules in the
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plaintiff's favor on at least one cause of action.
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(2) A plaintiff who obtains a preliminary injunction or administrative stay in an
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environmental action, but does not ultimately prevail on the merits of the environmental
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action, is liable for damages sustained by a defendant who:
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(a) opposed the preliminary injunction or administrative stay; and
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(b) was harmed by the preliminary injunction.
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(3) A court may not issue a preliminary injunction and an agency may not grant an
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administrative stay in an environmental action until the plaintiff posts with the court or
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the agency a surety bond or cash equivalent:
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(a) in an amount the court or agency considers sufficient to compensate each defendant
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opposing the preliminary injunction or administrative stay for damages that each
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defendant may sustain as a result of the preliminary injunction or administrative stay;
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(b) written by a surety licensed to do business in the state; and
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(c) payable to each defendant opposing the preliminary injunction or administrative stay
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in the event the plaintiff does not prevail on the merits of the environmental action.
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(4) If there is more than one plaintiff, the court or agency shall establish the amount of the
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bond required by Subsection (3) for each plaintiff in a fair and equitable manner.
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(5)(a) If the plaintiff does not ultimately prevail on the merits of the environmental
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action, the court shall execute the bond and award damages to each defendant who:
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(i) opposed the preliminary injunction or administrative stay; and
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(ii) was harmed as a result of its issuance.
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(b) If the amount of money secured by the surety bond or cash equivalent:
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(i) exceeds the damages awarded, the court or agency shall return the excess to the
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plaintiff; and
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(ii) is less than the damages awarded, the court or agency shall order the plaintiff to
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pay the remaining damages.
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(6) Notwithstanding any other provision of law, a court's or agency's refusal to require the
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posting of a surety bond or cash equivalent as required by this section is subject to
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immediate appeal.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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