California Public Resources Code 3236.3 – (a) When the supervisor determines that a person has engaged in, …
(a) When the supervisor determines that a person has engaged in, is engaged in, or is about to engage in any acts or practices that constitute or will constitute a violation of this chapter, or any regulation, condition of approval, order, or other requirement issued, promulgated, or executed thereunder, the supervisor may apply to a superior court for an order enjoining those acts or practices, or for an order directing compliance. Upon a showing by the supervisor that the person has engaged in or is about to engage in those acts or practices, the court may grant a permanent or temporary injunction, restraining order, or other injunctive order appropriate to the circumstances.
(b) At the request of the supervisor, an application for an injunctive order may be applied for under this section by a public prosecutor or the Attorney General.
Terms Used In California Public Resources Code 3236.3
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- public prosecutor: means a district attorney, a city attorney, a county counsel, or any other city or county prosecutor. See California Public Resources Code 3236
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(c) In any civil action brought pursuant to this section in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued; or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and without that proof.
(Added by Stats. 2023, Ch. 337, Sec. 6. (AB 631) Effective January 1, 2024.)