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2018 Utah Code
Title 78B - Judicial Code
Chapter 5 - Procedure and Evidence
Part 8 - Miscellaneous
Section 828 - Bond required in an environmental action.
Universal Citation: UT Code § 78B-5-828 (2018)
78B-5-828. Bond required in an environmental action.
Enacted by Chapter 116, 2011 General Session
- (1) As used in this section:
- (a) "Administrative stay" means a stay or other temporary remedy issued by an agency under Section 63G-4-405.
- (b) "Environmental action" means a cause of action that:
- (i) is filed on or after May 10, 2011; and
- (ii) seeks judicial review of a final agency action to issue a permit by:
- (A) the Department of Natural Resources;
- (B) the Department of Transportation; or
- (C) the School and Institutional Trust Lands Administration.
- (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:
- (a) opposed the preliminary injunction or administrative stay; and
- (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:
- (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;
- (b) written by a surety licensed to do business in the state; and
- (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)
- (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:
- (i) opposed the preliminary injunction or administrative stay; and
- (ii) was harmed as a result of its issuance.
- (b) If the amount of money secured by the surety bond or cash equivalent:
- (i) exceeds the damages awarded, the court or agency shall return the excess to the plaintiff; and
- (ii) is less than the damages awarded, the court or agency shall order the plaintiff to pay the remaining damages.
- (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:
- (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.
Enacted by Chapter 116, 2011 General Session
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