TITLE 46
Waters and Navigation

CHAPTER 46-12.3
The Environmental Injury Compensation Act

SECTION 46-12.3-5


   § 46-12.3-5  Attorney general – Suits parens patriae. – (a) The attorney general may bring a civil action in superior court in the name of the state, as parens patriae on behalf of persons residing in this state, to secure monetary relief as provided in this chapter for injuries sustained by persons to their person, property, or economic loss by reason of any violation of this chapter. The court shall exclude from the amount of monetary relief awarded in an action any amount of monetary relief:

   (1) Which duplicates amounts which have been awarded for the same injury under state or federal law; or

   (2) Which is properly allocable to persons who have excluded their claims pursuant to subsection (c)(2) of this section.

   (b) The court shall award the state as monetary relief twofold the total damage sustained as described in subsection (a) of this section, and the costs of suit, including a reasonable attorney's fee.

   (c)(1) In any action brought under subsection (a) of this section the attorney general shall, at such times, in such manner, and with such content as the court may direct, cause notice thereof to be given by publication.

   (2) Any person on whose behalf an action is brought under subsection (a) may elect to exclude from adjudication the portion of the state claim for monetary relief attributable to him or her by filing notice of the election with the court within such time as specified in the notice given pursuant to subsection (c)(1).

   (3) The final judgment in an action under subsection (a) shall be res judicata as to any claim under §§ 46-12.3-2, 46-12.3-3, and 46-12.3-4 by any person on behalf of whom the action was brought and who fails to give notice within the period specified in the notice given pursuant to subsection (c)(1).

   (d) An action under subsection (a) shall not be dismissed or compromised without the approval of the court, and notice of any proposed dismissal or compromise shall be given by publication at such times, in such manner, and with such content as the court may direct.

   (e) In any action under subsection (a):

   (1) The amount of the plaintiff  's attorney's fees, if any, shall be determined by the court, and any attorney's fees awarded to the attorney general shall be deposited with the state as general revenues; and

   (2) Monetary relief recovered in an action under this section shall:

   (i) Be distributed in such manner as the court in its discretion may authorize; or

   (ii) Be deemed a civil penalty by the court and deposited with the state as general revenues; subject in either case to the requirement that any distribution procedure adopted afford each person a reasonable opportunity to secure his or her appropriate portion of the net monetary relief.

   (f) In any action under this section the fact that a person or public body has not dealt directly with the defendant or that the defendant owed no special duty to the plaintiff or that the loss was the result of governmental action in response to the violation and/or negligence of the defendant shall not bar or otherwise limit recovery; provided, however, the court shall exclude from the amount of monetary relief awarded in an action any amount of monetary relief which duplicates amounts which have been awarded for the same injury.

History of Section.
(P.L. 1990, ch. 198, § 1.)