This bill proposes amendments to sections 49-264 and 49-407 of the Arizona Revised Statutes, specifically addressing environmental lawsuits. The current law allows individuals with a potential adverse interest to initiate civil actions in superior court, but the bill introduces new provisions that expand the scope of who can be sued, including individuals, the state, or political subdivisions for violations of environmental laws. It also clarifies the jurisdiction of the court to enforce these laws and apply civil penalties. Additionally, the bill modifies the conditions under which a civil action may be commenced, reducing the notice period from 120 days to 60 days and eliminating certain defenses that could prevent a lawsuit from proceeding.
Furthermore, the bill enhances the court's authority in final orders by allowing it to award litigation costs and civil penalties, with specific provisions for frivolous actions. It also mandates that any collected civil penalties be deposited into designated environmental funds. The amendments aim to align state law with federal standards, ensuring consistency with relevant U.S. Code sections and judicial interpretations. Overall, the bill seeks to strengthen the enforcement of environmental regulations and provide clearer pathways for legal recourse in cases of violations.
Statutes affected: Introduced Version: 49-264, 49-407, 49-262, 35-146, 35-147, 49-282