§ 13-25-2-18 — Costs, attorney's fees, and expert witness fees; enforcement under federal or state law; intervention

Indiana § 13-25-2-18

• Jurisdiction: Indiana
• Art. 25: HAZARDOUS SUBSTANCES
• Ch. 2: Emergency Planning and Notification

Text

(a) A court, in issuing a final order in an
action brought under section 15, 16, or 17 of this chapter, may award
costs of litigation, including reasonable attorney's fees and expert
witness fees, to the prevailing or the substantially prevailing party if the
court determines that the award is appropriate.
(b) Sections 15, 16, and 17 of this chapter do not restrict or expand
any right that a person may have under federal or state law to seek
enforcement of a requirement or to seek other relief.
(c) In an action brought under section 15, 16, or 17 of this chapter,
the state, if the state is not a party, may intervene as a matter of right.
(d) In an action brought under section 15, 16, or 17 of this chapter,
a person may intervene as a matter of right if:
(1) the person has a direct interest that is or may be adversely
affected by the action; and
(2) the disposition of the action may impair or impede the person's
ability to protect that interest;
unless the state shows that the person's interest is adequately
represented by existing parties to the action.
[Pre-1996 Recodification Citation: 13-7-37-20(i), (j), (k),
(l).]

Legislative History

As added by P.L.1-1996, SEC.15.