§ 38-14.1-31 — Civil action for injunctive relief

North Dakota § 38-14.1-31

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-14.1: Surface Mining and Reclamation Operations

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1. In addition to other relief available, the commission may without bond or other
undertaking institute a civil action for relief, including a permanent or temporary
injunction, restraining order, or any other appropriate order in the North Dakota district
court for the district in which the surface mining and reclamation operation is located or
in which the permittee thereof has the permittee's principal office in the state,
whenever such permittee or the permittee's agent:
a. Fails to comply with any order or decision issued by the commission under this
chapter;
b. Interferes with or delays the commission or its authorized representative in
carrying out the provisions of this chapter;
c. Refuses to admit such authorized representative to the mine;
d. Refuses to permit inspection of the mine by such authorized representative;
e. Refuses to furnish any information or report requested by the commission in
furtherance of this chapter;
f. Refuses to permit access to, and copying of, such records as the commission
determines necessary in carrying out the provisions of this chapter; or
g. Refuses to permit inspection of monitoring equipment.
2. The court has jurisdiction to provide such relief as may be appropriate, including a
permanent or temporary injunction or restraining order.
3. Any relief granted by the court to enforce an order or decision under subdivision a of
subsection 1 continues in effect until the completion or termination of all proceedings
for administrative and judicial review of such order or decision unless the district court
granting relief under this section sets it aside or modifies it prior to such final
determination.
4. No liability may accrue to the commission or its authorized representatives in
proceeding against any operator or permittee pursuant to this section.