SB 902 - 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 and not in violation of a statute or regulation, a license issued by a state government agency, or a court order. However, a person may file suit based on these types of actions if the permit or order creates a condition not reasonably foreseeable at the time of issuance or if the permit holder fails to disclose certain facts. This act does not preclude an action for damages based upon a claim of trespass.

This act is identical to HCS/SB 41 (2013) and similar to SCS/SB 490 (2012) and SB 278 (2011).


Return to Main Bill Page