Environmental Legal Action Amendments

New bond costs for Utah permit challengers

Beginning May 6, 2026, plaintiffs in covered Utah permit lawsuits must post a bond or cash before getting temporary relief. This covers court-issued preliminary injunctions and agency-issued administrative stays that pause action while a lawsuit proceeds. Covered lawsuits must have been filed on or after May 10, 2011, to challenge a final agency decision issuing a permit. The agencies are Utah’s Department of Natural Resources, Department of Transportation, and School and Institutional Trust Lands Administration. Coal mining and reclamation permits issued by the Division of Oil, Gas, and Mining are excluded. The court or agency sets security high enough to cover potential damages for each defendant opposing the temporary relief. A bond must come from a Utah-licensed surety and be payable to each opposing defendant if the plaintiff loses. For multiple plaintiffs, the court must set each plaintiff’s bond amount fairly. A plaintiff wins on the merits when the final judgment favors them on at least one claim. Otherwise, the court must use the bond to pay damages to opposing defendants harmed by the injunction or stay. The plaintiff gets any excess security back but must pay damages beyond the secured amount. A court’s or agency’s refusal to require a bond or cash can be appealed immediately, despite other laws.