Bill targeting frivolous suits by greens moves on
By Judy Fahys
The Salt Lake Tribune
A House panel advanced two bills Tuesday intended to curb what members called “frivolous” environmental lawsuits.
Rep. Aaron Tilton, R-Springville, told the House Natural Resources, Agriculture and Environment Committee his HB100 and HB259 are only meant to compensate the proponents of projects whose costs go up because of stays and appeals brought by opponents with state-issued business licenses. His bills have the backing of the Utah Manufacturers Association and the Utah Mining Association.
HB100 passed the committee, 12-3. The vote on HB259 was 12-2.
But both moved toward the House floor over the bitter objections of representatives from groups that typically seek stays and injunctions through environmental agencies and law.
Critics called both bills unconstitutional and said they unfairly - and illegally - target pro-environment Utahns. Trout Unlimited, a sportsman's group, the Southern Utah Wilderness Alliance, the Utah Chapter of the Sierra Club, Western Resource Advocates and other environmental groups testified against the bills.
Under HB100, businesses seeking an injunction of a new road, power plant or other construction under a state or federal environmental law would be required to post a bond with the state Corporations Division. The bond would be intended to cover any cost increases caused by the legal delay.
HB259 calls for the Division of Air Quality to impose such a bond before an entity goes to court for a judicial review of an agency decision.
Tilton said HB100 would ensure “litigation is not used as a tool to extort a private entity or a state entity.”
fahys@sltrib.com
