As used in this chapter, unless a different meaning clearly appears from the context:

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Terms Used In North Dakota Code 32-40-03

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Statute: A law passed by a legislature.
  • Trustee: A person or institution holding and administering property in trust.

1.    “Aggrieved” means the suffering of an injury in fact as a result of the alleged violation of a statute, rule, or regulation, and the injury is of the type the statute, rule, or regulation in question was intended to regulate or protect against. It is not necessary for the injury to be economic in nature. The injury is sufficient if it has harmed the party’s use and enjoyment of the protected natural resources in a manner different from the harm to the general public.

2.    “Environmental statute, rule, or regulation” means any statute, rule, or regulation of the state for the protection of the air, water, and other natural resources, including land, minerals, and wildlife, from pollution, impairment, or destruction.

3.    “Person” means any natural person, corporation, limited liability company, association, partnership, receiver, trustee, executor, administrator, guardian, or fiduciary.

4.    “State agency” means any state agency, board, commission, council, officer, office, department, or division.