2014 Idaho Statutes
Title 39 - HEALTH AND SAFETY
Chapter 44 - HAZARDOUS WASTE MANAGEMENT
Section 39-4416 - CITIZEN SUITS.
(2) No action may be commenced under subsection (1) of this section if the department has commenced and is diligently prosecuting an administrative, civil, or criminal action to require compliance with the law. Further, no action may be commenced under subsection (1) of this section unless the plaintiff has given the department sixty (60) days' notice and substantial evidence of the violation upon which the citizens' action is based. However, if the department commences an action in a court of the state of Idaho, any interested person may intervene as provided in rule 24(a) of the Idaho Rules of Civil Procedure.
(3) In any action under this section, the department may intervene as a matter of right.
(4) When issuing any final order in any action brought pursuant to this section, the court may award costs of litigation, including reasonable attorney and expert witness fees, to any prevailing party, whenever the court determines such an award is appropriate, except that the state of Idaho shall not be required to pay such costs in any citizen suit where the state has become a party.
(5) Nothing in this section shall restrict any right which a person, or class of persons, may have under any other statute or the common law.
History:
[39-4416, added 1983, ch. 154, sec. 1, p. 429; am. 1993, ch. 291, sec. 7, p. 1089.]
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