78B-4-515 - Limitation on liability for greenhouse gases.
78B-4-515. Limitation on liability for greenhouse gases.
(1) "Greenhouse gas" means water vapor, carbon dioxide, methane, nitrous oxide, ozone,and chlorofluorocarbons.
(2) A person residing or doing business in this state may not be held liable for damage orinjury to another arising out of any actual or potential effect on climate caused by contributionsto emissions of greenhouse gases unless it can be proved by clear and convincing evidence thatthe person has:
(a) violated an enforceable statutory limitation or restriction against emissions of aspecific greenhouse gas originating within this state; or
(b) violated the express terms of a valid, enforceable operating, air, or other permitissued by a state or federal regulatory agency that has jurisdiction over the greenhouse gasemissions of the person or business.
(3) The person bringing the action shall:
(a) specify each greenhouse gas emitted by the defendant which is asserted to give rise tothe cause of action; and
(b) show by clear and convincing evidence that unavoidable, and identifiable damage orinjury has or will result as a direct cause of the defendant's violation of statutory and permittinglimits.
Enacted by Chapter 396, 2010 General Session