{"data":{"id":"us-ok/okla.-stat.-tit.-45-45-774","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 45, § 45-774","heading":"Civil actions to compel compliance with act - Exceptions","body":"A. Except as provided in subsection B of this section, any\n\nperson having an interest which is or may be adversely affected may\n\ncommence a civil action on his own behalf to compel compliance with\n\nthis act:\n\n1. Against any governmental instrumentality or agency to the\n\nextent permitted by the Eleventh Amendment to the Constitution of\n\nthe United States which is alleged to be in violation of the\n\nprovisions of this act or of any rule, regulation, order or permit\n\nissued pursuant thereto, or against any other person who is alleged\n\nto be in violation of any rule, regulation, order or permit issued\n\npursuant to this act; or\n\n2. Against the Department to the extent permitted by the\n\nEleventh Amendment to the Constitution of the United States where\n\nthere is alleged a failure of the Department to perform any act or\n\nduty under this act which is not discretionary with the Department.\n\nB. No action may be commenced:\n\n1. Under paragraph 1 of subsection A of this section:\n\na. prior to sixty (60) days after the plaintiff has\n\ngiven notice in writing of the violation to the Department, and to\n\nany alleged violator, or\n\nb. if the Department has commenced and is\n\ndiligently prosecuting a civil action in a court of this state to\n\nrequire compliance with the provisions of this act, or any rule,\n\nregulation, order or permit issued pursuant to this act, but in any\n\nsuch action in a court of this state any person may intervene as a\n\nmatter of right; or\n\n2. Under paragraph 2 of subsection A of this section prior to\n\nsixty (60) days after the plaintiff has given notice in writing of\n\nsuch action to the Department, in such manner as the Department\n\nshall by regulation prescribe, except that such action may be\n\nbrought immediately after such notification in the case where the\n\nviolation or order complained of constitutes an imminent threat to\n\nthe health or safety of the plaintiff or would immediately affect a\n\nlegal interest of the plaintiff.\n\nC. Any action respecting a violation of this act or the\n\nregulations thereunder may be brought only in the judicial district\n\nin which the surface coal mining operation complained of is located.\n\nIn such action under this section, the Department, if not a party,\n\nmay intervene as a matter of right.\n\nD. The court, in issuing any final order in any action brought\n\npursuant to subsection A of this section, may award costs of\n\nlitigation, including attorney and expert witness fees, to any\n\nparty, whenever the court determines such award is appropriate. The\n\ncourt may, if a temporary restraining order or preliminary\n\ninjunction is sought, require the filing of a bond or equivalent\n\nsecurity.\n\nE. Nothing in this section shall restrict any right which any\n\nperson, or class of persons, may have under any statute or common\n\nlaw to seek enforcement of any of the provisions of this act and the\n\nregulations thereunder, or to seek any other relief including relief\n\nagainst the Department.\n\nF. Any person who is injured in his person or property through\n\nthe violation by any operator of any rule, regulation, order or\n\npermit issued pursuant to this act may bring an action for damages,\n\nincluding reasonable attorney and expert witness fees, only in the\n\njudicial district in which the surface coal mining operation\n\ncomplained of is located. Nothing in this subsection shall affect\n\nthe rights established by or limits imposed under Oklahoma Workers'\n\nCompensation laws.","path":["OK Code","Title 45"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os45.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"eb3f7191ea72d02eea2ea1071d03dcffdeee39f29c37aabe71ea462807c3820d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-45-45-773","next":"us-ok/okla.-stat.-tit.-45-45-775"},"notice":"GroundRules: Original legal text. Not legal advice."}