In any action maintained under Section 12607, the defendant may also show, by way of an affirmative defense, that there is no more feasible and prudent alternative to the defendant’s conduct, and that such conduct is consistent with the protection of the public health, safety, and welfare.

(Added by Stats. 1971, Ch. 1518.)

Terms Used In California Government Code 12608

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.