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House passes H.B. 100 requiring bonds for environmental litigation that seeks injunctions, amid constitutional concerns
Summary
H.B. 100 would require entities seeking stays or injunctions in environmental litigation to post bonds and authorizes administrative dissolution for non‑compliance; supporters cited project delays such as Legacy Highway, while critics raised open‑courts, Supremacy Clause and First Amendment concerns.
The Utah House passed first substitute H.B. 100 on Feb. 14, 2006, a measure that would require entities filing environmental lawsuits that seek a stay or injunction affecting projects in Utah to post a bond covering possible state costs and damages, and directs the Division of Corporations and Commercial Code to administratively dissolve entities that fail to post required bonds.
Representative Erin Tilton, the sponsor, framed the bill as a response to costly environmental litigation that can delay major…
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