(a) This section may be cited as the “Uniform Transboundary Pollution Reciprocal Access Act”.

(b) As used in this section:

(1) “Reciprocating jurisdiction” means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States of America, or a province or territory of Canada, which has enacted this section or provides substantially equivalent access to its courts and administrative agencies.

(2) “Person” means an individual person, corporation, limited liability company, business trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity.

(c) An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by pollution originating, or that may originate, in this jurisdiction may be brought in this jurisdiction.

(d) A person who suffers, or is threatened with, injury to his person or property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in this jurisdiction has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in this jurisdiction as if the injury or threatened injury occurred in this jurisdiction.

(e) The law to be applied in an action or other proceeding brought pursuant to this section, including what constitutes “pollution”, is the law of this jurisdiction excluding choice of law rules.

(f) This section does not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in this jurisdiction.

(g) The right provided in this section is in addition to and not in derogation of any other rights.

(h) The defense of sovereign immunity is applicable in any action or other proceeding brought pursuant to this section only to the extent that it would apply to a person injured or threatened with injury in this jurisdiction.

(i) This section shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this section among jurisdictions enacting it.

(P.A. 92-109, S. 1–9; P.A. 95-79, S. 174, 189.)

History: P.A. 95-79 amended Subsec. (b) to redefine “person” to include a limited liability company, effective May 31, 1995.