Idaho State Statutes - Idaho Attorney Directory

(1) Except as provided in subsection (2) of this
section, any person who has been injured or damaged by an alleged violation of
any permit, standard, regulation, condition, requirement, or order which has
become effective pursuant to this chapter, may commence a civil action on that
person's own behalf against any person alleged to have committed the
violation. A person commencing an action under this section shall be required
to file a bond or equivalent security in an amount not less than one thousand
dollars ($1,000) or in conformance with the requirements of rule 65(c) of the
Idaho Rules of Civil Procedure if injunctive relief is sought.
(2) No action may be commenced under subsection (1) of this section if
the department has commenced and is diligently prosecuting an administrative,
civil, or criminal action to require compliance with the law. Further, no
action may be commenced under subsection (1) of this section unless the
plaintiff has given the department sixty (60) days' notice and substantial
evidence of the violation upon which the citizens' action is based. However,
if the department commences an action in a court of the state of Idaho, any
interested person may intervene as provided in rule 24(a) of the Idaho Rules
of Civil Procedure.
(3) In any action under this section, the department may intervene as a
matter of right.
(4) When issuing any final order in any action brought pursuant to this
section, the court may award costs of litigation, including reasonable
attorney and expert witness fees, to any prevailing party, whenever the court
determines such an award is appropriate, except that the state of Idaho shall
not be required to pay such costs in any citizen suit where the state has
become a party.
(5) Nothing in this section shall restrict any right which a person, or
class of persons, may have under any other statute or the common law.

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