UtahH.B. 4192026 General SessionHouse

Environmental Legal Action Amendments

Sponsored By: Colin W. Jack (Republican)

Signed by Governor

EnvironmentJudicial OperationsCivil Litigation

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Bonds and damages in permit lawsuits

Beginning May 6, 2026, a court or agency cannot grant a preliminary injunction or administrative stay in a covered environmental case unless the plaintiff posts a surety bond or cash. The bond must be big enough to cover possible damages to each opposing defendant, be from a surety licensed in Utah, and be payable to them if the plaintiff does not ultimately win. If the plaintiff later loses, the court uses the bond to pay those damages; any shortfall is still owed by the plaintiff, and any extra is returned. When there are multiple plaintiffs, the court sets each plaintiff’s bond share in a fair way. If a court or agency refuses to require a bond, that refusal can be appealed right away.

Which environmental permit suits are covered

Beginning May 6, 2026, the law defines which environmental lawsuits these rules cover. It covers cases filed on or after May 10, 2011 that ask a court to review a final permit issued by Utah’s Department of Natural Resources, Department of Transportation, or the School and Institutional Trust Lands Administration. Permits from the Division of Oil, Gas and Mining are not covered. A plaintiff “ultimately prevails” when the final judgment rules for the plaintiff on at least one cause of action.

Sponsors & Cosponsors

Sponsor

Colin W. Jack
Republican • House

Cosponsors

David P. Hinkins
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 129 • No: 6

Senate vote • 2/26/2026

Senate/ passed 3rd reading

Yes: 15 • No: 5

Senate vote • 2/25/2026

Senate/ passed 2nd reading

Yes: 25 • No: 1

House vote • 2/18/2026

Senate Comm - Favorable Recommendation

Yes: 4 • No: 0

House vote • 2/11/2026

House/ passed 3rd reading

Yes: 69 • No: 0

House vote • 2/6/2026

House Comm - Consent Calendar Recommendation

Yes: 8 • No: 0

House vote • 2/6/2026

House Comm - Favorable Recommendation