Legislation
SECTION 71-1311
Injunction against violations
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 13
§ 71-1311. Injunction against violations.
1. Whenever it appears that any person is violating or threatening to
violate any provision of article 23 of this chapter or is committing any
offense described in section 71-1305 of this title, the department,
acting by the Attorney General, may bring suit against such person in
any court of competent jurisdiction to restrain such person from
continuing such violation or from carrying out the threat of violation.
In any such suit, the court shall have jurisdiction to grant to the
department without bond or other undertaking, such prohibitory or
mandatory injunctions as the facts may warrant, including temporary
restraining orders and preliminary injunctions.
2. If the department, acting by the Attorney General, shall fail to
bring suit to enjoin a violation or threatened violation of any
provision of article 23, or any rule, regulation, or order of the
department made pursuant hereto, within ten days after receipt of
written request to do so by any person who is or will be adversely
affected by such violation, the person making such request may bring
suit in his own behalf to restrain such violation or threatened
violation in any court in which the department might have brought suit.
The department shall be made a party in such suit in addition to the
person violating or threatening to violate a provision of article 23, or
a rule, regulation, or order of the department, and the action shall
proceed and injunctive relief may be granted to the department without
bond, or other undertaking in the same manner as if suit had been
brought by the department.
1. Whenever it appears that any person is violating or threatening to
violate any provision of article 23 of this chapter or is committing any
offense described in section 71-1305 of this title, the department,
acting by the Attorney General, may bring suit against such person in
any court of competent jurisdiction to restrain such person from
continuing such violation or from carrying out the threat of violation.
In any such suit, the court shall have jurisdiction to grant to the
department without bond or other undertaking, such prohibitory or
mandatory injunctions as the facts may warrant, including temporary
restraining orders and preliminary injunctions.
2. If the department, acting by the Attorney General, shall fail to
bring suit to enjoin a violation or threatened violation of any
provision of article 23, or any rule, regulation, or order of the
department made pursuant hereto, within ten days after receipt of
written request to do so by any person who is or will be adversely
affected by such violation, the person making such request may bring
suit in his own behalf to restrain such violation or threatened
violation in any court in which the department might have brought suit.
The department shall be made a party in such suit in addition to the
person violating or threatening to violate a provision of article 23, or
a rule, regulation, or order of the department, and the action shall
proceed and injunctive relief may be granted to the department without
bond, or other undertaking in the same manner as if suit had been
brought by the department.