1. Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any rule, regulation, or order of the council, the council or the department may request that the attorney general bring suit against such person in the circuit court of any county where the violation occurs or is threatened, to restrain such person from continuing the violation or from carrying out the threat of violation. In any such suit, the court shall have jurisdiction to grant to the council, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant, including temporary restraining orders, preliminary injunctions, temporary, preliminary, or final orders restraining the movement or disposition of any illegal oil, illegal gas, or illegal product, any of which the court may order to be impounded or placed in the custody of an agent appointed by the court.

2. If the council shall fail to bring suit to enjoin a violation or a threatened violation of any provision of this chapter, or any rule, regulation, or order of the council, within ten days after receipt of written request to do so by any person who is or will be adversely affected by such violation, the person making such request may bring suit in his own behalf to restrain such violation or threatened violation in any court in which the council might have brought suit. The council shall be made a party defendant in such suit in addition to the person violating or threatening to violate a provision of this chapter, or a rule, regulation, or order of the council, and the action shall proceed and injunctive relief may be granted to the council or the petitioner without bond in the same manner as if suit had been brought by the council.

Terms Used In Missouri Laws 259.210

  • Council: the state oil and gas council established by section 259. See Missouri Laws 259.050
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: the department of natural resources. See Missouri Laws 259.050
  • Illegal gas: means gas which has been produced from any well within this state in excess of the quantity permitted by any rule, regulation, or order of the council. See Missouri Laws 259.050
  • Illegal oil: means oil which has been produced from any well within the state in excess of the quantity permitted by any rule, regulation, or order of the council. See Missouri Laws 259.050
  • Illegal product: means any product derived in whole or in part from illegal oil or illegal gas. See Missouri Laws 259.050
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020