Utah Code 78B-5-828. Bond required in an environmental action
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(1) As used in this section:
Terms Used In Utah Code 78B-5-828
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) “Administrative stay” means a stay or other temporary remedy issued by an agency under Section 63G-4-405 .
(1)(b) “Environmental action” means a cause of action that:
(1)(b)(i) is filed on or after May 10, 2011; and
(1)(b)(ii) seeks judicial review of a final agency action to issue a permit by:
(1)(b)(ii)(A) the Department of Natural Resources;
(1)(b)(ii)(B) the Department of Transportation; or
(1)(b)(ii)(C) the School and Institutional Trust Lands Administration.
(1)(c) “Ultimately prevail on the merits” means, in the final judgment, the court rules in the plaintiff‘s favor on at least one cause of action.
(2) A plaintiff who obtains a preliminary injunction or administrative stay in an environmental action, but does not ultimately prevail on the merits of the environmental action, is liable for damages sustained by a defendant who:
(2)(a) opposed the preliminary injunction or administrative stay; and
(2)(b) was harmed by the preliminary injunction.
(3) A court may not issue a preliminary injunction and an agency may not grant an administrative stay in an environmental action until the plaintiff posts with the court or the agency a surety bond or cash equivalent:
(3)(a) in an amount the court or agency considers sufficient to compensate each defendant opposing the preliminary injunction or administrative stay for damages that each defendant may sustain as a result of the preliminary injunction or administrative stay;
(3)(b) written by a surety licensed to do business in the state; and
(3)(c) payable to each defendant opposing the preliminary injunction or administrative stay in the event the plaintiff does not prevail on the merits of the environmental action.
(4) If there is more than one plaintiff, the court or agency shall establish the amount of the bond required by Subsection (3) for each plaintiff in a fair and equitable manner.
(5)
(5)(a) If the plaintiff does not ultimately prevail on the merits of the environmental action, the court shall execute the bond and award damages to each defendant who:
(5)(a)(i) opposed the preliminary injunction or administrative stay; and
(5)(a)(ii) was harmed as a result of its issuance.
(5)(b) If the amount of money secured by the surety bond or cash equivalent:
(5)(b)(i) exceeds the damages awarded, the court or agency shall return the excess to the plaintiff; and
(5)(b)(ii) is less than the damages awarded, the court or agency shall order the plaintiff to pay the remaining damages.
(6) Notwithstanding any other provision of law, a court’s or agency’s refusal to require the posting of a surety bond or cash equivalent as required by this section is subject to immediate appeal.