SB 361- AS INTRODUCED
2000 SESSION
SENATE BILL 361
AN ACT authorizing citizen suits to assure enforcement of New Hampshire's environmental statutes.
SPONSORS: Sen. Russman, Dist 19; Sen. Below, Dist 5; Sen. Cohen, Dist 24; Sen. D'Allesandro, Dist 20; Sen. Pignatelli, Dist 13; Sen. Wheeler, Dist 21; Rep. Keans, Straf 16; Rep. M. Fuller Clark, Rock 36; Rep. J. Wall, Straf 9; Rep. J. Phinizy, Sull 7
This bill authorizes any person with an interest that is or may be adversely affected to commence a civil action to enforce state environmental laws.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2156
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT authorizing citizen suits to assure enforcement of New Hampshire's environmental statutes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
CHAPTER 507-G
507-G:1 Standing.
I. Any person may commence a civil action on his or her own behalf against any other person, including the state, who is in violation of any of the statutes enumerated in RSA 507-G:2.
II. Any person may commence a civil action on his or her own behalf against the state for failure of a state agency to perform any non-discretionary action required by any of the statutes enumerated in RSA 507-G:2.
III. No person may commence a civil action under this chapter unless the person has an interest that is or may be adversely affected by the alleged violation.
IV. No action may be brought under this chapter for past violations where no injunctive relief is available. A good faith allegation of a continuing violation shall suffice for jurisdictional purposes in cases of sporadic or intermittent violations.
507-G:2 Scope. Actions brought under this chapter must allege a violation of or failure to perform under one of the following:
I. RSA 21-M:10.
II. RSA 21-O.
III. RSA 125-C.
IV. RSA 125-D.
V. RSA 125-G - 125-J.
VI. RSA 146-A.
VII. RSA 146-C.
VIII. RSA 147.
IX. RSA 147-A.
X. RSA 147-F.
XI. RSA 149-M.
XII. RSA 155-E:4-a, II-a - V.
XIII. RSA 211:71 - 74.
XIV. RSA 266:59-b.
XV. RSA 339-A.
XVI. RSA Title L.
507-G:3 Notice.
I. At least 60 days prior to commencing an action pursuant to RSA 507-G:1, I, the prospective plaintiff shall provide notice of an intent to sue to the alleged violator, to the agency primarily responsible for implementing or enforcing the statute underlying the complaint, and to the attorney general. The notice shall generally identify the facts or events forming the basis for the allegation, the date of the alleged violation, and the statutes violated, to the extent that they are known.
II. At least 90 days prior to commencing an action pursuant to RSA 507-G:1, II, the prospective plaintiff shall provide notice of an intent to sue to the alleged violator, to the agency primarily responsible for implementing or enforcing the statute underlying the complaint, and to the attorney general. The notice shall generally identify the facts or events forming the basis for the allegation, the date of the alleged violation, and the statutes violated, to the extent that they are known.
507-G:4 State Prosecution.
I. A suit may not be commenced under this chapter if the state agency primarily responsible for implementing or enforcing the statute underlying the complaint has commenced and is diligently prosecuting a civil or criminal action in a state court to require compliance with the statute. Prosecution shall be presumed to be diligent absent persuasive evidence that the state is currently engaged in a pattern of conduct that could be considered dilatory, collusive, or otherwise in bad faith.
II. Any person who filed notice pursuant to RSA 507-G:3 prior to the commencement of the prosecution by the state may intervene in the state enforcement action as a matter of right.
III. The state may intervene in any citizen suit.
507-G:5 Venue.
I. Actions under RSA 507-G:1, I shall be brought in the superior court of the county where the alleged violation occurred.
II. Actions under RSA 507-G:1, II shall be brought in the superior court of the county where the alleged violation occurred or in Merrimack county superior court.
507-G:6 Remedies. The court may order injunctive relief and impose civil penalties, payable to the state treasury, consistent with the applicable statute's penalty provisions. If the applicable statute authorizes civil penalties for each day of a continuing violation, and the court finds that a violation was continuing at the time the complaint was filed, the court may impose civil penalties for the period of the violation after the complaint in addition to penalties imposed for the period before the complaint.
507-G:7 Costs. The court shall award costs, including reasonable attorney's fees and expert witness fees, to any party who prevails or substantially prevails in an action brought under this chapter, if the court determines that such an award is in the public interest. An award shall be presumed to be in the public interest if a party causes, by initiating or successfully prosecuting an action under this chapter, a violating party to come into compliance with the law.
2 Effective Date. This act shall take effect January 1, 2001.