In this subtitle the following words have the meanings indicated. “Person” means any resident of the State of Maryland, any corporation incorporated under the laws of the State of Maryland, or any partnership, organization, association, or legal entity doing business in the State. “Political subdivision” means a county, the City of Baltimore, a multicounty agency, municipal corporation, single purpose district, and soil conservation or sanitary district.

The General Assembly finds and declares that the natural resources and the scenic beauty of the State of Maryland are in danger of irreparable harm occasioned by the use and exploitation of the physical environment. It further finds that improper use and exploitation constitute an invasion of the right of every resident of Maryland to an environment free from pollution to the extent possible. It further finds that the courts of the State of Maryland are an appropriate forum for seeking the protection of the environment and that an unreasonably strict procedural definition of “standing to sue” in environmental matters is not in the public interest.

The following persons have standing to bring and maintain an action provided for in this section in the courts of equity of this State: The State of Maryland, or any agency or officer of the State, acting through the Attorney General; Any political subdivision of the State of Maryland, or any agency or officer of it acting on its behalf; and Any other person, regardless of whether he possesses a special interest different from that possessed generally by the residents of Maryland, or whether substantial personal or property damage to him is threatened. However, an individual citizen either shall reside in the county or Baltimore City where the action is brought, or shall demonstrate that the alleged condition, activity, or failure complained of affects the environment where he resides. Any person given standing by subsection (a) of this section may bring and maintain an action for mandamus or equitable relief, including declaratory relief against any officer or agency of the State or political subdivision for failure on the part of the officer or agency of the State or political subdivision to perform a nondiscretionary ministerial duty imposed upon them under an environmental statute, ordinance, rule, regulation, or order, or for their failure to enforce an applicable environmental quality standard for the protection of the air, water, or other natural resources of the State, as expressed in a statute, ordinance, rule, regulation, or order of the State, or any political subdivision upon the request of the defendant, the court in its discretion may join as a party defendant any person against whom the plaintiff is requesting that governmental action be taken following notice to that person and if the court determines that the joinder would serve the interests of justice.

This subtitle may not be construed to create or authorize any new substantive cause of action or theory of recovery not now recognized by the courts of this State, nor may it be construed as abrogating any cause of action or theory of recovery now recognized by the courts of this State but is for the sole purpose of providing standing to sue to the persons set forth in § 1-503 of this subtitle, subject to the provisions and limitations set forth in this subtitle. Except as provided in § 1-503(b) of this subtitle, nothing in this subtitle constitutes a waiver by the State or any agency of the defense of sovereign immunity, and this defense is expressly reserved. This subtitle does not authorize an action for monetary damages. The remedies available to any plaintiff who acquires standing to sue solely by virtue of this subtitle are limited to mandamus or equitable relief, including declaratory relief as to whether a permit or order has been unlawfully issued or is being violated, and a judgment or decree for monetary damages may not be awarded. However, a judgment for monetary damages may be awarded in any action where a judgment is appropriate to a plaintiff who has standing to sue other than by virtue of this subtitle. This subtitle does not abrogate the existing requirement and principles of exhaustion of administrative remedies, and this subtitle does not broaden, except as specifically set forth, the rights of intervention of persons in administrative hearings and in appeals from the hearings. This subtitle is not to be construed in any way to alter the present provisions of law relating to standing in any matter affecting local zoning. Except as provided in this subtitle, relief may not be granted in any action filed under this subtitle with respect to any defendant who shows that the condition, activity, or failure complained of is under and in compliance with: A lawful, current permit or order of an agency of the State or a political subdivision authorized to issue the permit or order; An order or other adjudication of a court of competent jurisdiction in a proceeding in which all of the material issues involved in the action were raised and determined, whether or not the parties to the prior litigation were identical to the parties in the pending action; or A lawful current permit or order of an agency of the United States government authorized to issue the permit or order. If the court finds, upon clear and convincing evidence at any stage of the proceeding, that the condition, activity, or failure complained of exists and either presents an imminent danger to the health, welfare, or safety of the people of the State, or results in or is likely to result in irreversible or irreparable damage to the air, water, or other natural resources of the State, the court may remand the matter to the agency with instructions to consider and make factual determinations with respect to the material issues, as determined by the court, within a time considered reasonable by the court. A finding may not be made until the defendant has been provided an opportunity by the court to present evidence rebutting the plaintiff’s evidence.

An action pursuant to this subtitle shall be brought in the circuit court where the alleged condition, activity, or failure complained of is occurring, has occurred, or is likely to occur. If the plaintiff is a person other than the State, an action does not lie under this subtitle unless the plaintiff, at least 30 days prior to the commencement of the action, has delivered a sufficient written notice of the alleged condition, activity, or failure to the agency of the State or its political subdivision responsible for initiating or instituting some official action as a result of the alleged condition, activity, or failure. A copy of the notice shall be simultaneously delivered to the Attorney General. In addition to the copies which are to be served upon any person named as a defendant, a copy of the summons and bill of complaint and of any supporting papers and exhibits attached to it, including in all cases a certificate from the plaintiff under subsection (b) of this section of the date of the mailings, a copy of the mailed written notice and the signed certified mail receipts returned by the addressees, must be served upon the Attorney General, for purposes of notice and also to give him an opportunity to intervene. It is discretionary with the Attorney General and with each interested State agency or official represented by him whether to appear in the action but, upon application, at any time during the pendency of the action the Attorney General shall be permitted to intervene.

Except as provided in subsection (e) of this section, the court may grant a stay of the proceedings brought pursuant to this subtitle upon motion of defendant made upon notice to all parties and to the Attorney General whether or not a party whenever there is pending any of the following at the time of commencement of an action brought pursuant to this subtitle: Any administrative enforcement hearing initiated by an agency of the State or a political subdivision, either prior to or after receipt of the statutory notice required by § 1-505(b) and (c) of this subtitle, with jurisdiction by law over the condition or activity complained of, if the proceeding is being diligently prosecuted in the opinion of the court; Judicial review of any administrative action taken with respect to the condition or activity complained of; An action in court brought by the Attorney General on behalf of a State agency represented by him or by a political subdivision of the State with respect to the condition or activity complained of; or An appeal from a judgment rendered with respect to an action brought under item (3) of this subsection. Except as provided in subsection (e) of this section, the court also may grant the stay provided for in subsection (a) of this section upon motion made by the Attorney General on behalf of the people of the State or by a State agency or official represented by him, whether or not he is a named party defendant. A stay shall be granted for a time the court considers reasonable for completion of the administrative or judicial proceeding, the pendency of which is the basis for the motion for the stay, but in no event may a stay be granted for longer than 90 days without a showing of sufficient cause by the defendant or the Attorney General. The court, upon motion demonstrating sufficient cause, may grant extensions of the stay for additional periods not to exceed 90 days each. A stay pursuant to this section may not be granted if the court finds that the condition or activity complained of either presents an imminent danger to the health, welfare, or safety of the people of the State or results in, or is likely to result in, irreversible or irreparable damage to the air, water, or other natural resources of the State except pursuant to § 1-504(f)(2) of this subtitle.

An action brought pursuant to this subtitle may not be compromised, discontinued, or dismissed by consent, by default, or for neglect to prosecute, except with the approval of the court. The approval may not be granted when the court determines that a monetary settlement, in excess of court costs and attorneys fees, has been offered by a defendant to a plaintiff, who has standing to sue only by virtue of this subtitle, as consideration for the settlement. If the court upon application of a defendant determines that an action in which a plaintiff has acquired standing solely by virtue of this subtitle was brought in bad faith or solely for purposes of harassment or delay, it may, after further hearing on this specific question, award to the defendant against the plaintiff a judgment for all or part of the court costs, including attorneys fees, as the defendant may establish were incurred by him in defending the action together with any damages sustained by the defendant as a result of the action having been brought, including witness fees. The Maryland Rules apply to all actions brought under this subtitle except where the provisions of this subtitle specifically describe other procedures.

It is the purpose of this subtitle to provide certain remedies to abate the pollution, destruction, or substantial or unreasonable impairment of the air, water, or other natural resources of the State and therefore nothing contained in it abridges or alters rights of action or remedies which exist. A provision in this subtitle, or any act done by virtue of this subtitle, may not be construed as estopping or limiting the State or any person in the exercise of his rights to suppress nuisances or to abate any pollution.