§ 10-20-7 - Remand for administrative or licensing proceedings.
SECTION 10-20-7
§ 10-20-7 Remand for administrative orlicensing proceedings. – (a) If administrative, licensing, or other similar proceedings are required todetermine the legality of the defendants' conduct, the court shall remand theparties to such proceedings. If administrative, licensing, or other similarproceedings are available to determine the legality of the defendants' conduct,the court may remand the parties to such proceedings. In so remanding theparties the court may grant temporary equitable relief where appropriate as setforth in § 10-20-6. In so remanding the parties the court shall retainjurisdiction of the cause pending completion thereof.
(b) Upon completion of the proceedings, the court shalladjudicate the impact of the defendants' conduct, program or product on theair, water, land, or other natural resources located within the state inaccordance with §§ 10-20-2 – 10-20-6. In such adjudication, thecourt may order that additional evidence be taken to the extent necessary.
(c) Where, as to any administrative, licensing, or othersimilar proceedings referred to in subsection (a), judicial review thereof isavailable, notwithstanding any other provisions of law to the contrary, thecourt originally taking jurisdiction shall maintain jurisdiction for purposesof judicial review.
(d) Nothing in this section shall be applicable to any actionmaintained under § 10-20-9 or to any appropriate administrative proceedingrequired thereunder.