Effective 28 Aug 1979

444.880. Actions to compel compliance, limitation — costs of litigation — actions for damages. — 1. Except as provided in subsection 2 of this section, any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this law:

(1) Against any governmental instrumentality or agency to the extent permitted by the United States or Missouri constitution which is alleged to be in violation of the provisions of this law or of any rule, regulation, order or permit issued pursuant thereto, or against any other person who is 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 failure of the commission to perform any act or duty under this law which is 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 notice in writing of the violation to the commission and to any alleged violator; or

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

(2) Under subdivision (2) of subsection 1 of this section prior to sixty days after the plaintiff has given notice in writing of such action to the commission except that such action may be brought immediately after such notification in the case where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.

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

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

4. The court, in issuing any final order in any action brought 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 which any person (or class of persons) may have under any statute, or common law to seek enforcement of any of the provisions of this law 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 property through the violation by any operator of this law or any rule, regulation, order, or permit issued pursuant to this law may bring an action for damages (including reasonable attorney and expert witness fees), but only in the county in which the surface coal mining operation complained of is located. Nothing in this subsection shall affect the rights established by or limits imposed under the state's workers' compensation law.

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(L. 1979 H.B. 459)