§ 34-33-135 — Civil actions

Colorado § 34-33-135

• Jurisdiction: Colorado
• Title 34: Mineral
• Art.: Colorado Surface Coal

Text

(1) Subject to the requirements of subsection (2) of
this section, any person having an interest which is or may be adversely affected
may commence a civil action on such person's own behalf to compel compliance
with the provisions of this article against:

(a) Any person or governmental agency or instrumentality who is alleged to
be in violation of any provision of this article or any rule or regulation promulgated
or any order or permit issued pursuant to this article; or

(b) The board or office when there is alleged a failure of the board or office
to perform any act or duty under this article which is not discretionary with the
board or office.

(2) No action may be commenced under:

(a) Paragraph (a) of subsection (1) of this section prior to sixty days after the
plaintiff has given notice in writing of the alleged violation, setting forth such
matters as the board shall by regulation prescribe, to the attorney general, the
board and office, and any alleged violator;

(b) Paragraph (b) of subsection (1) of this section prior to sixty days after the
plaintiff has given notice in writing of the alleged violation, setting forth such
matters as the board shall by regulation prescribe, to the board and office and the
attorney general; except that such action may be brought immediately after such
notification of the alleged failure of the board or office complained of if such failure
constitutes an imminent threat to the health or safety of the plaintiff or would
immediately affect a legal interest of the plaintiff.

(2.5) The board or the office may intervene as a matter of right in any action
commenced pursuant to paragraph (a) of subsection (1) of this section to which they
are not otherwise a party.

(3) Any action initiated pursuant to this section shall be tried in such county
as is provided by the Colorado rules of civil procedure.

(4) The court, in issuing any final order in any action brought pursuant to
subsection (1) of this section, may award costs of litigation, including attorney and
expert witness fees, to any party, whenever the court determines such award is
appropriate. The court shall, if a temporary restraining order or injunction is sought,
require the filing of a bond or equivalent security to the extent required by the
Colorado rules of civil procedure.

(5) Nothing in this section shall restrict any right which any person or class
of persons may have under any statute or common law to seek enforcement of any
of the provisions of this article or the regulations promulgated under this article or
to seek any other allowable relief, including relief against the appropriate state
agency.

(6) Any person who is injured in person or property through the violation by
an operator of any rule or regulation promulgated or any order or permit issued
pursuant to this article may bring an action for damages, including reasonable
attorney and expert witness fees, against such operator only in the county where
said violation occurred. Nothing in this subsection (6) shall affect the rights
established by or limits imposed under the workers' compensation laws of this
state.

Legislative History

Source: L. 79: Entire article added, p. 1303, � 1, effective July 1. L. 81: (2.5) added, p. 1684, � 8, effective June 16. L. 87: (2)(b) amended, p. 1273, � 1, effective May 13. L. 90: (6) amended, p. 573, � 70, effective July 1. L. 92: IP(1), (1)(b), (2), and (2.5) amended, p. 1969, � 71, effective July 1.