75-16-104. Right to relief
75-16-104. Right to relief. A person who suffers or is threatened with injury to that person’s person or property in a reciprocating jurisdiction caused by pollution originating or that may originate in this state has the same rights to relief with respect to the injury or threatened injury and may enforce those rights in this state […]
75-16-105. Applicable law
75-16-105. Applicable law. The law to be applied in an action or other proceeding brought pursuant to this part, including what constitutes “pollution”, is the law of this state, excluding choice of law rules. History: En. Sec. 5, Ch. 203, L. 1983.
75-16-106. Equality of rights
75-16-106. Equality of rights. This part does not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in this state. History: En. Sec. 6, Ch. 203, L. 1983.
75-16-107. Right additional to other rights
75-16-107. Right additional to other rights. The right provided in this part is in addition to and not in derogation of any other rights. History: En. Sec. 7, Ch. 203, L. 1983.
75-16-108. Application of sovereign immunity
75-16-108. Application of sovereign immunity. The defense of sovereign immunity is applicable in any action or other proceeding brought pursuant to this part only to the extent that it would apply to a person injured or threatened with injury in this state. History: En. Sec. 8, Ch. 203, L. 1983.
75-16-109. Uniformity of application and construction
75-16-109. Uniformity of application and construction. This part shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this part among jurisdictions enacting it. History: En. Sec. 9, Ch. 203, L. 1983.
75-16-101. Short title
75-16-101. Short title. This part may be cited as the “Uniform Transboundary Pollution Reciprocal Access Act”. History: En. Sec. 1, Ch. 203, L. 1983.
75-16-102. Definitions
75-16-102. Definitions. As used in this part, the following definitions apply: (1) ”Person” means an individual person, corporation, business trust, estate, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity. (2) ”Reciprocating jurisdiction” means a state of the United States of America, the District of Columbia, the […]
75-16-103. Forum
75-16-103. Forum. An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by pollution originating or that may originate in this state may be brought in this state. History: En. Sec. 3, Ch. 203, L. 1983.