North Dakota Code 38-14.1-31 – Civil action for injunctive relief
1. In addition to other relief available, the commission may without bond or other undertaking institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the North Dakota district court for the district in which the surface mining and reclamation operation is located or in which the permittee thereof has the permittee’s principal office in the state, whenever such permittee or the permittee’s agent:
Terms Used In North Dakota Code 38-14.1-31
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
a. Fails to comply with any order or decision issued by the commission under this chapter; b. Interferes with or delays the commission or its authorized representative in carrying out the provisions of this chapter; c. Refuses to admit such authorized representative to the mine; d. Refuses to permit inspection of the mine by such authorized representative; e. Refuses to furnish any information or report requested by the commission in furtherance of this chapter; f. Refuses to permit access to, and copying of, such records as the commission determines necessary in carrying out the provisions of this chapter; or
g. Refuses to permit inspection of monitoring equipment.
2. The court has jurisdiction to provide such relief as may be appropriate, including a permanent or temporary injunction or restraining order.
3. Any relief granted by the court to enforce an order or decision under subdivision a of subsection 1 continues in effect until the completion or termination of all proceedings for administrative and judicial review of such order or decision unless the district court granting relief under this section sets it aside or modifies it prior to such final determination.
4. No liability may accrue to the commission or its authorized representatives in proceeding against any operator or permittee pursuant to this section.