444.880. Actions to compel compliance, limitation--costs of litigation--actions for damages. - Missouri Statutes

Actions to compel compliance, limitation--costs of litigation--actionsfor damages.

444.880. 1. Except as provided in subsection 2 of thissection, any person having an interest which is or may beadversely affected may commence a civil action on his own behalfto compel compliance with this law:

(1) Against any governmental instrumentality or agency tothe extent permitted by the United States or Missouriconstitution which is alleged to be in violation of theprovisions of this law or of any rule, regulation, order orpermit issued pursuant thereto, or against any other person whois alleged to be in violation of this law, or of any rule,regulation, order or permit; or

(2) Against the commission where there is alleged a failureof the commission to perform any act or duty under this law whichis not discretionary.

2. No action may be commenced:

(1) Under subdivision (1) of subsection 1 of this section:

(a) Prior to sixty days after the plaintiff has given noticein writing of the violation to the commission and to any allegedviolator; or

(b) If the commission has commenced and is diligentlyprosecuting a civil action to require compliance with theprovisions of this law or any rule, regulation, order, or permit,but in any such action any person may intervene as a matter ofright; or

(2) Under subdivision (2) of subsection 1 of this sectionprior to sixty days after the plaintiff has given notice inwriting of such action to the commission except that such actionmay be brought immediately after such notification in the casewhere the violation or order complained of constitutes animminent threat to the health or safety of the plaintiff or wouldimmediately affect a legal interest of the plaintiff.

3. (1) Any action pursuant to subdivision (1) of subsection1 may be brought only in the county in which the surface coalmining operation complained of is located.

(2) In such action the commission, if not a party, mayintervene as a matter of right.

4. The court, in issuing any final order in any actionbrought pursuant to this section, may award costs of litigation(including attorney and expert witness fees) to any party,whenever the court determines such award is appropriate.

5. Nothing in this section shall restrict any right whichany person (or class of persons) may have under any statute, orcommon law to seek enforcement of any of the provisions of thislaw and the regulations thereunder, or to seek any other relief(including relief against the commission).

6. Any person who is injured in his person or propertythrough the violation by any operator of this law or any rule,regulation, order, or permit issued pursuant to this law maybring an action for damages (including reasonable attorney andexpert witness fees), but only in the county in which the surfacecoal mining operation complained of is located. Nothing in thissubsection shall affect the rights established by or limitsimposed under the state's workers' compensation law.

(L. 1979 H.B. 459)