75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3345
 
                         Senate Bill 962
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows person who is adversely affected by violation of state
environmental law, or by failure of state agency to enforce state
environmental law, to bring action in circuit court for specified
relief. Awards attorney fees and certain expenses to plaintiff
who prevails in action.
 
                        A BILL FOR AN ACT
Relating to enforcement of state environmental laws.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section, 'state
environmental law' means any provision of:
  (a) ORS chapter 390;
  (b) ORS chapter 468A;
  (c) ORS chapter 468B;
  (d) ORS chapter 498;
  (e) ORS chapter 530;
  (f) ORS 527.610 to 527.770; or
  (g) ORS chapter 537.
  (2) Any person who is adversely affected by a violation of a
state environmental law, or by the failure of a state agency to
enforce a state environmental law, may bring an action:
  (a) For injunctive and other equitable relief to enforce a
provision of, or to prohibit a violation of, a state
environmental law or any permit issued pursuant to a state
environmental law.
  (b) Against any person, other than a local government, alleged
to be in violation of a state environmental law or any permit
issued pursuant to a state environmental law.
  (3) An action under this section must be commenced in the
Circuit Court for Marion County, the circuit court for the county
in which the defendant resides, the circuit court for the county
in which the defendant's principal place of business is located
or the circuit court for the county in which the alleged
environmental harm occurred or may occur.
  (4) An action may not be commenced under this section if the
state has commenced a civil or criminal action in the same
matter.
  (5) An action may not be brought under this section unless the
plaintiff has given written notice of the alleged violation at
least 60 days before filing the action to:
 
  (a) Any state agencies that are charged with enforcing the
state environmental law that is the subject of the action; and
  (b) All persons who will be named as defendants in the action.
  (6) A plaintiff who prevails in an action under this section is
entitled to receive all reasonable attorney fees and expenses
incurred by the plaintiff, including expenses incurred for expert
witnesses and the preparation of supporting studies or reports.
  (7) The Attorney General may intervene in any action under this
section on behalf of any state agency charged with enforcing the
state environmental law sought to be enforced in the action. + }
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