HF 1872

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 02:42pm

A bill for an act
relating to environment; limiting amount of bond required by plaintiffs upon certain
court findings; amending Minnesota Statutes 2020, sections 116B.07; 116D.04,
subdivision 10.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 116B.07, is amended to read:

116B.07 RELIEF.

The court may grant declaratory relief, temporary and permanent equitable relief, or
may impose such conditions upon a party as are necessary or appropriate to protect the air,
water, land or other natural resources located within the state from pollution, impairment,
or destruction. When the court grants temporary equitable relief, it may require the plaintiff
to post a bond sufficient to indemnify the defendant for damages suffered because of the
temporary relief, if permanent relief is not granted. new text begin A bond required under this section must
not exceed $10,000 if the court finds that:
new text end

new text begin (1) the plaintiff has limited financial resources to file a bond and that review of the
decision furthers the policy set forth in section 116B.01; or
new text end

new text begin (2) the plaintiff represents a community in Hennepin County that meets the requirements
described in section 116.07, subdivision 4a, paragraph (c), clauses (1) to (5).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 116D.04, subdivision 10, is amended to read:

Subd. 10.

Review.

new text begin (a) new text end A person aggrieved by a final decision on the need for an
environmental assessment worksheet, the need for an environmental impact statement, or
the adequacy of an environmental impact statement is entitled to judicial review of the
decision under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved
person for judicial review under sections 14.63 to 14.68 must be filed with the court of
appeals and served on the responsible governmental unit not more than 30 days after the
responsible governmental unit provides notice of the final decision in the EQB Monitor.
Proceedings for review under this section must be instituted by serving a petition for a writ
of certiorari personally or by certified mail upon the responsible governmental unit and by
promptly filing the proof of service in the Office of the Clerk of the Appellate Courts and
the matter will proceed in the manner provided by the Rules of Civil Appellate Procedure.
A copy of the petition must be provided to the attorney general at the time of service. Copies
of the writ must be served, personally or by certified mail, upon the responsible governmental
unit and the project proposer. The filing of the writ of certiorari does not stay the enforcement
of any other governmental action, provided that the responsible governmental unit may stay
enforcement or the court of appeals may order a stay upon terms it deems proper. deleted text begin A bond
may be required under section 562.02 unless at the time of hearing on the application for
the bond the petitioner-relator has shown that the claim is likely to succeed on the merits. deleted text end
The board may initiate judicial review of decisions referred to herein and the board or a
project proposer may intervene as of right in any proceeding brought under this subdivision.

new text begin (b) A bond may be required under section 562.02 unless at the time of hearing on the
application for the bond the petitioner-relator has shown that the claim is likely to succeed
on the merits. A bond required under section 562.02 must not exceed $10,000 if the court
finds:
new text end

new text begin (1) the petitioner-relator has limited financial resources to file a bond under section
562.02 and that review of the decision furthers the policy set forth in section 116D.02,
subdivision 1; or
new text end

new text begin (2) the petitioner-relator represents a community in Hennepin County that meets the
requirements described in section 116.07, subdivision 4a, paragraph (c), clauses (1) to (5).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end