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MO SB902

Bill

Status

Introduced

2/20/2014

Primary Sponsor

Brian Munzlinger

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • Prohibits persons from maintaining private nuisance actions to enjoin, abate, or recover damages for air emissions or water/solid waste discharges that are expressly authorized by and comply with applicable statutes, regulations, permits, licenses, orders, or court judgments

  • Applies to authorized discharges issued after public comment by a state government agency with continuing compliance oversight, periodic agency review, and periodic renewal requirements

  • Excludes the prohibition if a permit or order creates unforeseeable conditions at time of issuance or if the permit holder purposefully fails to disclose relevant facts or conditions

  • Preserves the right to pursue damages claims based on trespass allegations despite the nuisance action restrictions

  • Does not apply to actions involving placement of nuclear waste

Legislative Description

Modifies the laws regarding certain private nuisance actions

Last Action

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

3/6/2014

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence3/6/2014

Full Bill Text

No bill text available