Indiana § 13-30-1-3 Maintenance of action; agency not required to be joined as party

Indiana Statutes

§ 13-30-1-3 — Maintenance of action; agency not required to be joined as party

Indiana·Art. 30 ENFORCEMENT AND LEGAL ACTIONS·Ch. 1 Standing to Sue for Declaratory and Equitable Relief in

(a)An individual or entity that is identified in section 1(2) through 1(4) of this chapter and that brings an action under section 1 of this chapter may not maintain the action unless:

(1)none of the agencies that receives notice of the action under section 2 of this chapter:

(A)commences an administrative proceeding or a civil action on the alleged pollution, impairment, or destruction not later than ninety (90) days after receiving notice under section 2 of this chapter; or

(B)takes steps not later than ninety (90) days after receiving notice under section 2 of this chapter to have a criminal prosecution commenced on the alleged pollution, impairment, or destruction; or

(2)the agency that commences an administrative proceeding or a civil action on the alleged pollution, impairment,

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(a) An individual or entity that is identified in
section 1(2) through 1(4) of this chapter and that brings an action under
section 1 of this chapter may not maintain the action unless:
(1) none of the agencies that receives notice of the action under
section 2 of this chapter:
(A) commences an administrative proceeding or a civil action
on the alleged pollution, impairment, or destruction not later
than ninety (90) days after receiving notice under section 2 of
this chapter; or
(B) takes steps not later than ninety (90) days after receiving
notice under section 2 of this chapter to have a criminal
prosecution commenced on the alleged pollution, impairment,
or destruction; or
(2) the agency that commences an administrative proceeding or
a civil action on the alleged pollution, impairment, or destruction
does not diligently pursue the administrative proceeding or civil
action after the administrative proceeding or civil action is
commenced.
(b) The agency does not have to be joined as a party in an action
under this section.
[Pre-1996 Recodification Citation: 13-6-1-1(b).]

Indiana § 13-30-1-3 (Maintenance of action; agency not required to be joined as party) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.