Okla. Stat. tit. 45, § 45-774: Civil actions to compel compliance with act - Exceptions

A. Except as provided in subsection B of this section, any

person having an interest which is or may be adversely affected may

commence a civil action on his own behalf to compel compliance with

this act:

1. Against any governmental instrumentality or agency to the

extent permitted by the Eleventh Amendment to the Constitution of

the United States which is alleged to be in violation of the

provisions of this act or of any rule, regulation, order or permit

issued pursuant thereto, or against any other person who is alleged

to be in violation of any rule, regulation, order or permit issued

pursuant to this act; or

2. Against the Department to the extent permitted by the

Eleventh Amendment to the Constitution of the United States where

there is alleged a failure of the Department to perform any act or

duty under this act which is not discretionary with the Department.

B. No action may be commenced:

1. Under paragraph 1 of subsection A of this section:

a. prior to sixty (60) days after the plaintiff has

given notice in writing of the violation to the Department, and to

any alleged violator, or

b. if the Department has commenced and is

diligently prosecuting a civil action in a court of this state to

require compliance with the provisions of this act, or any rule,

regulation, order or permit issued pursuant to this act, but in any

such action in a court of this state any person may intervene as a

matter of right; or

2. Under paragraph 2 of subsection A of this section prior to

sixty (60) days after the plaintiff has given notice in writing of

such action to the Department, in such manner as the Department

shall by regulation prescribe, except that such action may be

brought immediately after such notification in the case where the

violation or order complained of constitutes an imminent threat to

the health or safety of the plaintiff or would immediately affect a

legal interest of the plaintiff.

C. Any action respecting a violation of this act or the

regulations thereunder may be brought only in the judicial district

in which the surface coal mining operation complained of is located.

In such action under this section, the Department, if not a party,

may intervene as a matter of right.

D. The court, in issuing any final order in any action brought

pursuant to subsection A of this section, may award costs of

litigation, including attorney and expert witness fees, to any

party, whenever the court determines such award is appropriate. The

court may, if a temporary restraining order or preliminary

injunction is sought, require the filing of a bond or equivalent

security.

E. Nothing in this section shall restrict any right which any

person, or class of persons, may have under any statute or common

law to seek enforcement of any of the provisions of this act and the

regulations thereunder, or to seek any other relief including relief

against the Department.

F. Any person who is injured in his person or property through

the violation by any operator of any rule, regulation, order or

permit issued pursuant to this act may bring an action for damages,

including reasonable attorney and expert witness fees, only in the

judicial district in which the surface coal mining operation

complained of is located. Nothing in this subsection shall affect

the rights established by or limits imposed under Oklahoma Workers'

Compensation laws.