Section 42-6.2-10 - Enforcement(a) The provisions of this chapter may be enforced by means of an action in the superior court seeking either injunctive relief, a declaratory judgment, a writ of mandamus, or any combination thereof, for: (1) Climate plans required by § 42-6.2-2(a)(2); or(2) The greenhouse gas emissions reduction mandate required by § 42-6.2-9.(b) No such action may be commenced without the plaintiff providing written notice of the violations of this chapter to defendants at least sixty (60) days prior to filing a legal action in superior court. Where the defendant is a government entity, no costs or fees shall be awarded if a court determines that substantive action was taken during the sixty-day (60) period. No such action shall be brought before 2026.(c) Unless otherwise authorized in this chapter, no such action shall be brought prior to 2026.(d) Venue for such actions shall be proper in the superior court.(e) The Rhode Island attorney general, any Rhode Island resident, and any Rhode Island corporation, company, organization, nonprofit, or other Rhode Island legal entity or organization registered with the Rhode Island secretary of state may bring a civil action to enforce this chapter.(f) The court may award costs of litigation (including reasonable attorney and expert witness fees) to any substantially prevailing party. Provided, however, nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law.R.I. Gen. Laws § 42-6.2-10
Added by 2021 Pub. Laws, ch. 1,§ 3, eff. 4/10/2021.Added by 2021 Pub. Laws, ch. 2,§ 3, eff. 4/10/2021.