Title 32 — Judicial Remedies
69 chapters · 746 sections in this title.
N.D.C.C. § 32-40-01 Short title
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This chapter may be cited and shall be known as the North Dakota Environmental Law Enforcement Act of 1975.
N.D.C.C. § 32-40-02 Legislative intent and purpose
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The legislative assembly of North Dakota enacts this Environmental Law Enforcement Act in recognition of the vital role played by environmental laws in maintaining the health, safety, and general welfare of the state's citizens; the need to maintain a sound system of law, order, …
N.D.C.C. § 32-40-03 Definitions
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As used in this chapter, unless a different meaning clearly appears from the context: 1. "Aggrieved" means the suffering of an injury in fact as a result of the alleged violation of a statute, rule, or regulation, and the injury is of the type the statute, rule, or regulation in …
N.D.C.C. § 32-40-04 Cumulative remedies
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The remedies provided by this chapter shall be cumulative and shall not replace statutory or common-law remedies.
N.D.C.C. § 32-40-05 Enforcement powers of attorney general
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The attorney general shall have the authority to enforce, in the same manner as state's attorneys, any state environmental statute, rule, or regulation.
N.D.C.C. § 32-40-06 Who may sue - Defendants - Exception to recovery of damages
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Any state agency, with the approval of the attorney general; any person; or any county, city, township, or other political subdivision, aggrieved by the violation of any environmental statute, rule, or regulation of this state may bring an action in the appropriate district court…
N.D.C.C. § 32-40-07 Notice to be provided
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Any person, any state agency, or any county, city, township, or other political subdivision, before commencing any action pursuant to section 32-40-06, shall give thirty days' notice by certified mail of intent to file suit and of the alleged violation to the person alleged to ha…
N.D.C.C. § 32-40-08 Bond
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The court may order the complainant to post a cash bond in an amount not to exceed five hundred dollars to pay any cost or judgment that might be rendered adverse to a complainant in any action brought under this chapter.
N.D.C.C. § 32-40-09 Intervention in action
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Any state agency that receives a notice pursuant to section 32-40-07 shall be entitled to intervene as a matter or right in the action unless such action is commenced solely to recover damages for alleged violations.
N.D.C.C. § 32-40-10 Costs
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If the court finds an action brought under this chapter to have been frivolous, it shall award costs to the defendants. Otherwise, the court may apportion costs among the parties as the interests of justice require.
N.D.C.C. § 32-40-11 Relief granted
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In any action brought under this chapter, the court may: 1. Grant the relief specified in the environmental statute alleged to have been violated or pursuant to which the rule or regulation alleged to have been violated was promulgated. 2. Grant temporary or permanent equitable r…