A bill to promote and protect the free flow of interstate commerce without unreasonable damage to the environment; to assure that activities which affect interstate commerce will not unreasonably injure environmental rights; to provide a right of action for relief for protection of the environment from unreasonable infringement by activities which affect interstate commerce and to establish the right of all citizens to the protection, preservation, and enhancement of the environment.
Environmental Protection Act - Declares that each person is entitled to the protection, preservation and enhancement of his environment.
Establishes the right of any person to maintain a judicial action for declaratory or equitable relief, either individually or in behalf of a class of persons, without regard to the amount in controversy, to protect the environment or public trust from pollution, impairment or destruction which results from or reasonably may result from any activity and such action for relief constitutes a case or controversy. Provides that complaints in such actions shall be supported by affidavits of at least two technically qualified persons affirming that the defendant's activities damage or reasonably may damage the environment.
Prescribes various judicial procedures and standards which are to govern the administration of this Act by the courts.
Grants the courts authority to provide declaratory relief, temporary and permanent equitable relief, or to impose conditions on the defendant's operations which are required for the protection of the air, water, and land from unreasonable pollution impairment or destruction.
Provides that the Act shall be supplementary to existing administrative and regulatory procedures provided by law and grants the court authority to remand the parties to such procedures. Provides that nothing in this Act shall prevent the granting of appropriate interim equitable relief to protect the rights recognized under this Act for as long as is necessary. Provides that any person entitled to maintain an action under the Act may intervene as a party in all such administrative and regulatory procedures.
Provides that nothing in this Act shall prevent the maintenance of an action to protect rights recognized in the Act where the court finds existing administrative or regulatory procedures to be inadequate for the protection of such rights.
Provides that at the initiation of any person entitled to maintain an action under this Act, such procedures shall be reviewable in a court of competent jurisdiction to the extent necessary to protect the rights recognized in the Act.
Introduced in Senate
Referred to Senate Committee on Commerce.
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