SB 278 Modifies the laws regarding certain private nuisance actions
Sponsor: Munzlinger Co-Sponsor(s)
LR Number: 1321S.03I Fiscal Note: 1321-03N.ORG
Committee: Agriculture, Food Production and Outdoor Resources
Last Action: 5/13/2011 - S Informal Calendar S Bills for Perfection--SB 278-Munzlinger, et al Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2011

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Current Bill Summary

SB 278 - Private nuisance actions based upon an air emission or water or solid waste discharge, other than the placement of nuclear waste, are specifically prohibited, if the emission or discharge was expressly authorized by a statute, regulation, certain licenses or permits, or a court order and the emission or discharge does not violate a term of the statute, regulation, license, permit, or order. However, a person may file suit based on these types of actions, if the emission or discharge produces a result that was unknown or not reasonably foreseeable at the time it was authorized.