Bill > HB0419

This bill modifies existing law regarding bond requirements in environmental legal actions, which are lawsuits seeking judicial review of final decisions by specific state departments (Natural Resources, Transportation, or School and Institutional Trust Lands Administration) to issue permits, provided the lawsuit was filed on or after May 10, 2011. The changes clarify that if a plaintiff obtains a temporary halt to a permit (called a preliminary injunction or administrative stay) but ultimately loses the case, they may be responsible for damages to the defendant who opposed the halt and was harmed by it. Importantly, before a court can issue a preliminary injunction or an agency can grant an administrative stay in such environmental actions, the plaintiff must post a surety bond or cash equivalent with the court or agency. This bond, written by a licensed surety company, must be large enough to cover potential damages to any defendant opposing the injunction or stay, and it will be executed to compensate those defendants if the plaintiff does not win their case. If there are multiple plaintiffs, the bond amount will be divided fairly. If the bond amount is insufficient to cover the awarded damages, the plaintiff will be ordered to pay the remaining amount, and any excess from the bond will be returned. The bill also establishes that a court's or agency's decision not to require this bond can be immediately appealed and sets an effective date of May 6, 2026.

Agriculture and Natural Resources, Business and Industry

https://le.utah.gov/~2026/bills/static/HB0419.html