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GA HB1156
Bill
Status
Introduced
3/15/2016
Primary Sponsor
Ronnie Mabra
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AI Summary
- Allows any person with an affected interest, property damage, or personal injury from environmental law violations to file a citizen suit in superior court, acting as a private attorney general to enforce Georgia's conservation and natural resources statutes, regulations, and related orders
- Grants automatic injunctive relief (without showing lack of adequate remedy at law) when violations are proven by a preponderance of the evidence, and allows civil penalties of up to $10,000 per day per violation per nongovernmental defendant when proven by clear and convincing evidence, with all penalties paid to the state general fund
- Requires plaintiffs to provide 60 days' written notice to the alleged violator, the EPD Director, the EPA Administrator, and the U.S. and state attorneys general before filing suit, unless the violation poses an imminent threat to health, safety, or the environment or a limitations period would expire
- Bars citizen suits if the EPD Director has already commenced and is diligently prosecuting a civil or criminal enforcement action in superior or federal court for the same violation
- Waives sovereign immunity for the State of Georgia, counties, cities, and all political subdivisions with respect to this citizen suit cause of action, and preserves plaintiffs' rights to pursue money damages or other relief under any other legal authority
Legislative Description
"State of Georgia Environmental Law Citizen Suit Act"; enact
Last Action
House Second Readers
3/22/2016
Full Bill Text
No bill text available