HB508 By Representative Williams (JD) RFD Judiciary Rd 1 16-APR-15

SYNOPSIS: Under existing law, a party seeking a restraining order, preliminary injunction, or order staying the operation of certain permits affecting an industrial operation may not be required to give security in an amount to the court where the action is pending which the court considers proper for costs incurred and damages suffered if the industrial operation is wrongfully enjoined or restrained.

This bill would require a party seeking a restraining order, preliminary injunction, or order staying the operation of certain permits affecting an industrial operation to give security in an amount to the court where the action is pending which the court considers proper for costs incurred and damages suffered if the industrial operation is wrongfully enjoined or restrained.

This bill would provide certain exemptions from the posting of security.

A BILL TO BE ENTITLED AN ACT

Relating to civil court actions and injunctive relief; to require a party seeking a restraining order, preliminary injunction, or order staying the operation of certain permits affecting an industrial operation to give security in an amount to the court where the action is pending which the court considers proper for costs incurred and damages suffered if the industrial operation is wrongfully enjoined or restrained; and to provide certain exemptions from the posting of security.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) Unless specifically exempt under the Code of Alabama 1975, a party seeking a restraining order, preliminary injunction, or order staying the operation of a permit that affects an industrial operation shall give security, in an amount the court considers proper, for costs that may be incurred and damages that may be suffered by the industrial operation if the industrial operation is wrongfully enjoined or restrained. Upon request of a party and if that party presents evidence, a relevant factor the court shall consider is the amount of wages and benefits for employees and payment to contractors and subcontractors of the industrial operation that may be suffered if the industrial operation is wrongfully enjoined or restrained. For purposes of this subsection, industrial operation includes a construction, energy, or timber activity, road construction or maintenance, and oil, gas, and mineral exploration, development, production and government projects.

(b) The existence of security may not:

(1) Prohibit a person who is wrongfully enjoined or restrained from obtaining relief that may be available to that person.

(2) Limit the amount that a party may recover in the action.

(c) A party may not be required to give security if the challenged permitting decision or authorization is made by either of the following:

(1) The Alabama Department of Environmental Management under a program approved or delegated by the United States Environmental Protection Agency.

(2) The Department of Conservation and Natural Resources under a program approved or delegated by the Office of Surface Mining Reclamation and Enforcement in the United States Department of the Interior.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Civil Procedure

Courts

Injunction

Bonds