The Environmental Litigation Bond: An Illegal and Shortsighted Limitation on Environmental Litigation in Utah

Douglas Naftz


Utah Governor Gary R. Herbert signed House Bill 399, the Environmental Litigation Bond, into law on March 21, 2011. The Environmental Litigation Bond requires parties seeking a preliminary injunction or administrative stay related to state environmental permitting decisions to post a bond covering the costs that are likely to be incurred by the defendant due to project delays resulting from litigation.

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