Bill > HB0438

This bill modifies the existing legal requirements for environmental actions, specifically focusing on bond requirements when plaintiffs seek judicial review of permits issued by certain state agencies. The bill refines the definition of an "environmental action" to clarify that it applies to judicial reviews of permits from the Department of Natural Resources, Department of Transportation, and School and Institutional Trust Lands Administration, while explicitly excluding permit reviews from the Division of Oil, Gas, and Mining. The legislation maintains existing provisions that require plaintiffs seeking a preliminary injunction or administrative stay to post a surety bond or cash equivalent to compensate potential defendants if the plaintiff does not ultimately prevail in the legal action. The bond must be sufficient to cover damages sustained by defendants opposing the injunction, written by a licensed surety, and payable to each opposing defendant. If the plaintiff does not prevail, the court can execute the bond to award damages, returning any excess bond money to the plaintiff or requiring additional payment if damages exceed the bond amount. The bill includes a provision allowing immediate appeal of a court's or agency's refusal to require the bond, and is set to take effect on May 7, 2025.

Agriculture and Natural Resources

https://le.utah.gov/~2025/bills/static/HB0438.html