78B-6a-102. Abrogation of common law nuisance -- Exception -- Reporting requirement.
(1) Except as provided in Subsection, this chapter abrogates any common law civil right of action for a public nuisance or a private nuisance in this state. (2) Subsectiondoes not abrogate a common law civil right of action for public nuisance or a private nuisance that accrued, or is pending in a court, before May 6, 2026. (1)(a)
(2) The attorney general may bring a common law civil right of action for a public nuisance or private nuisance in this state if: the attorney general determines that there is a substantial ongoing harm to a significant number of the citizens of Utah; and the attorney general is bringing the common law civil right of action for a public nuisance or a private nuisance: on behalf of the state, a state officer or agency, or a political subdivision of the state; or as parens patriae on behalf of individuals residing in the state.
(3) A person other than the attorney general may not bring a common law civil right of action for a public nuisance or private nuisance.
(4) The governor may direct the attorney general to bring a nuisance action under Subsection. (2)
(5) This chapter does not preclude the governor from declaring a public nuisance.
(6) Before October 1, 2029, and every four years thereafter before October 1: the attorney general shall report to the Judiciary Interim Committee on the attorney general's exercise of the common law right of action described in Subsection; and (2) the Judiciary Interim Committee shall review the attorney general's report and make a determination as to whether Subsectionsandshould be repealed. (2) (3)