BILL REQ. #: H-0085.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/14/11. Referred to Committee on Environment.
AN ACT Relating to creating a cause of action for persons who are adversely affected by the judicial review of a decision made under the state environmental policy act; and adding a new section to chapter 43.21C RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 43.21C RCW
to read as follows:
(1)(a) Any person or persons adversely affected by the commencement
of a judicial review of the adequacy of an environmental impact
statement prepared under RCW 43.21C.031 or of a threshold determination
made under RCW 43.21C.033 may bring an action in a court of competent
jurisdiction to recover any attorneys' fees, court costs, and actual
damages relating to the underlying project that were reasonably
incurred as a result of the judicial review, including any delay in
commencing or continuing the underlying project resulting from the
judicial review, from the person or persons who brought the judicial
review.
(b) An action under this section may only be commenced if the
ultimate result of the judicial review of the environmental impact
statement or threshold determination was either a dismissal by the
court or a finding by the court that the environmental impact statement
or threshold determination in question was adequate.
(2) In addition to actual damages recovered under subsection (1) of
this section, a party bringing an action under this section may recover
exemplary damages of up to fifty thousand dollars if a court finds that
the primary motivation of the original judicial review of an
environmental impact statement or threshold determination can
reasonably be identified as creating delay in the underlying project,
increasing expenses for the underlying project, or improving the
petitioning party's position in future negotiations regarding
mitigation and other protective measures.