§ 10-20-9 - Actions against state – Challenge to environmental quality standard – Remand to state agency – Intervention – Venue.
SECTION 10-20-9
§ 10-20-9 Actions against state –Challenge to environmental quality standard – Remand to state agency– Intervention – Venue. – (a) Civil actions. As hereinafter provided in this section, any city ortown residing within the state or the environmental advocate may maintain acivil action in the superior court for declaratory or equitable relief againstthe state or any agency or instrumentality thereof where the nature of theaction is a challenge to an environmental quality standard for which theapplicable statutory appeal period has elapsed.
(b) Burden of proof. In any action maintained underthis section, the plaintiff shall have the burden of proving by a preponderanceof the evidence that the environmental quality standard is substantiallyinadequate to protect the air, water, land, or other natural resources locatedwithin the state from pollution, impairment, or destruction.
(c) Remand; judicial review. In any action maintainedunder this section, the superior court, upon showing by the plaintiff of thosematters specified in subsection (b), may remand the parties to the state agencyor instrumentality that promulgated the environmental quality standard which isthe subject of the action, requiring the agency or instrumentality to institutethe appropriate administrative proceedings to consider and make findings and anorder on those matters specified in subsection (b). In so remanding theparties, the court may grant temporary equitable relief where appropriate toprevent irreparable injury to the air, water, land, or other natural resourceslocated within the state. In so remanding the parties, the court shall retainjurisdiction for purposes of judicial review to determine whether the order ofthe agency is supported by a preponderance of the evidence. If plaintiff failsto establish a prima facie showing, the court shall dismiss the action.
(d) Intervention. In any action maintained under thissection, any person residing within the state or the environmental advocate mayintervene as a party, provided that the person makes timely application to thesuperior court prior to the court's remand of the action as specified insubsection (c).
(e) Venue. Any action maintained under this sectionshall be brought in the superior court of Providence county.