Any natural or juridical person may institute actions for damages in the courts of justice against any natural or juridical person on the grounds of damages sustained on account of violations of this chapter. Such civil action shall be independent and different from administrative procedures conducted by the Board. Likewise, any natural or juridical person affected for the non-implementation of this chapter may resort to the Court of First Instance to request that a mandamus be issued to enforce compliance with the provisions of this chapter; Provided, however, That such recourse shall not be admissible to question a decision whereby the Environmental Quality Board has determined that the requirements of subsection (b)(3) of § 8001a of this title have been met upon considering an environmental document, which action shall be conducted exclusively under the provisions of the Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3. None of the provisions of this chapter may be construed so as to allow any natural or juridical person to institute actions against the Environmental Quality Board or its officials or employees for the non-implementation of this chapter or the regulations adopted thereunder.
History —Sept. 22, 2004, No. 416, § 19, eff. 6 months after Sept. 22, 2004.