(a) A person may bring a civil action to enjoin or abate a private nuisance. Damages may be awarded in the action.
Terms Used In Alaska Statutes 09.45.230
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
Statute: A law passed by a legislature.
(b) A person may not maintain an action under this section based upon an air emission or water or solid waste discharge, other than the placement of nuclear waste, where the emission or discharge was expressly authorized by and is not in violation of a term or condition of
(1) a statute or regulation;(2) a license, permit, or order that is
(A) issued after public hearing by the state or federal government; and(B) subject to
(i) continuing compliance monitoring;(ii) periodic review by the issuing agency; or(iii) renewal on a periodic basis; or(3) a court order or judgment.(c) The provisions of (b) of this section do not apply to actions in which the air emission or water or solid waste discharge that is the subject of the action produces a result that was unknown or not reasonably foreseeable at the time of the authorization.(d) The provisions of (b) of this section remain in effect only as long as both of the following are satisfied:
(1)Alaska Stat. § 46.03.900 defines “pollution” as including the contamination or altering of waters, land, or subsurface land of the state in a manner that creates a nuisance; and(2)Alaska Stat. § 46.14.990 defines “emission” as the release of one or more air pollutants to the atmosphere.(e) Notwithstanding other provisions of law, except Alaska Stat. § 09.50.170 – 09.50.240 and Alaska Stat. § 19.25.080 – 19.25.180, a person may not bring a civil action to enjoin or abate a private nuisance or to recover damages for a private nuisance unless the action is authorized by this section.(f) A person who is shielded under (b) of this section from a nuisance action shall indemnify, defend, and hold the state harmless from a claim or court action for inverse condemnation, including damages, costs, and attorney fees, for which the state may become liable because of the air emission or wastewater or solid waste discharge for which the person is shielded by (b) of this section. The state shall immediately tender the defense of the inverse condemnation claim or court action to the person. The provisions of (b) of this section do not apply to shield the person, if the person fails to accept or refuses the tender of the defense. A person who prevails in the defense of the claim or court action for inverse condemnation described under this subsection shall be awarded full reasonable attorney fees and costs.
