§ 10-20-1. Legislative findings and purpose. The general assembly finds and declares that each person is entitled by right to the protection, preservation, and enhancement of air, water, land, and other natural resources located within the state and that each person has the responsibility to contribute to the protection, preservation, and enhancement thereof. The legislature […]
§ 10-20-10. Rights and remedies nonexclusive. No existing civil or criminal remedy for any wrongful action shall be excluded or impaired by § 10-20-3. The rights and remedies provided herein shall be in addition to any administrative, regulatory, statutory, or common law rights and remedies now or hereafter available. History of Section.P.L. 1978, ch. 224, […]
§ 10-20-11. Short title. Chapter 20 of this title may be cited as the “Rhode Island Environmental Rights Act”. History of Section.P.L. 1978, ch. 224, § 1.
§ 10-20-2. Definitions. For purposes of this chapter, the following terms have the meanings given them in this section: (1) “Environmental control agency” shall mean any state agency which is empowered to protect, preserve, or enhance the natural resources of the state which includes, but is not limited to, the department of environmental management, the […]
§ 10-20-3. Civil actions — Environmental advocate — Notice — Intervention. (a) Any city or town may maintain an action in a court of competent jurisdiction against any person to enforce, or to restrain the violation of, any environmental quality standard which is designed to prevent or minimize pollution, impairment, or destruction of the environment. […]
§ 10-20-4. Burden of proof. (a) In any action maintained under § 10-20-3, where the subject of the action is conduct governed by an environmental quality standard promulgated or issued by an environmental control agency, whenever the plaintiff shall have made a prima facie showing that the conduct of the defendant violates or is likely […]
§ 10-20-5. Appointment of referee. The court may appoint a referee, who shall be a disinterested person, to take testimony and make a report to the court in any such action. History of Section.P.L. 1978, ch. 224, § 1.
§ 10-20-6. Relief. The court may grant declaratory relief, temporary and permanent equitable relief, or may impose such conditions upon a party as are necessary or appropriate to protect the air, water, land, or other natural resources located within the state from pollution, impairment, or destruction, considering the health, safety, and welfare of the public, […]
§ 10-20-7. Remand for administrative or licensing proceedings. (a) If administrative, licensing, or other similar proceedings are required to determine the legality of the defendants’ conduct, the court shall remand the parties to such proceedings. If administrative, licensing, or other similar proceedings are available to determine the legality of the defendants’ conduct, the court may […]
§ 10-20-8. Administrative and licensing proceedings — Intervention by environment advocate. (a) Except as otherwise provided in § 10-20-9, in any administrative, licensing, or other similar proceedings and in any action for judicial review thereof which is made available by law, the environmental advocate may intervene on such terms as the court may deem just […]
§ 10-20-9. Actions against state — Challenge to environmental quality standard — Remand to state agency — Intervention — Venue. (a) Civil actions. As hereinafter provided in this section, any city or town residing within the state or the environmental advocate may maintain a civil action in the superior court for declaratory or equitable relief […]
