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 The Plan
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ENVIRONMENTAL PROTECTION LAW 1. Findings and Purpose 2. Actions for declaratory and equitable relief; parties 3. Credible showing of pollution, rebuttal; affirmative defenses; burden of proof; weight of evidence; masters or referees; apportionment of costs 4. Granting equitable relief; imposition of conditions 5. Part supplementary Law Santa Rosa Rancheria 1. Findings and Purpose (A) Findings.(1) The Council finds that new, complex and difficult problems have arisen which threaten the natural resources and environment of the Tribe and the health, safety, and general welfare of the people. These problems stem from human activities which, by way of example, often degrade water quality or pristine environments and contaminate those environments with substances toxic to humans, other living creatures and the natural environment. The damage caused by these activities, if remediable at all, have the potential to impose significant and unwarranted costs on the Tribe, its members and the Santa Rosa Rancheria population to prevent or mitigate harm to the Santa Rosa Rancheria environment, property and health. Because of these problems, and the need to address those acts or omissions which unreasonably annoy, injure or endanger the comfort, repose, health, welfare, property or safety of any person, the Tribe finds it necessary to develop the capacity to respond to actual or probable threats to the Santa Rosa Rancheria natural resources, environment, property, health, safety and welfare whenever and wherever those threats might occur. (2) The Council also finds that the future economic development and prosperity of the Tribe is critically linked to the successful conservation and wise use of the Tribe's natural resources and natural environment. This critical need requires the Tribe to act to protect and safeguard its remaining natural resources to the utmost extent allowable by law.  (B) Purpose. It is the purpose of this Law to allow the Tribe to act to preserve the unimpaired quality and condition of the Tribal environment, health, safety and welfare, and to protect those resources from the threat of probable harm, as well as unjustified and unlawful burdens and degradation. The Tribe intends to set parameters for a general standard of environmental quality and a principle of non-degradation without setting forth detailed provisions designed to cover every conceivable type of pollution. The Tribe also intends to create a prospective and retroactive remedy which will provide absolute protection of the interests and things sought to be protected and restoration of those interests and things should they be harmed. 2. Actions for declaratory and equitable relief; Parties, The Council, or its designee, may maintain an action in the Tribal Court or other court of competent jurisdiction where the alleged violation occurred or is likely to occur for declaratory and equitable relief against any person for the protection of the air, water, and other natural resources and the public trust in these resources from pollution, impairment, or destruction. 3. Credible showing of pollution Rebuttal; affirmative defenses; burden of proof; weight of evidence; masters or referees; apportionment of costs (A) When the Tribe has made a credible showing that the conduct of the defendant has polluted, impaired, or destroyed or is likely to pollute, impair, or destroy the air, water, or other natural resources or the public trust in these resources, that showing shall establish a rebuttable presumption in favor of the plaintiff's claim. The defendant may rebut the presumption by the submission of evidence to the contrary. The defendant may also show, by way of affirmative defense, that there is no feasible and prudent alternative to defendant's conduct and that his or her conduct is consistent with the promotion of the public's health, safety, and welfare in light of the Tribe's paramount concern for the protection of its natural resources from pollution, impairment, or destruction. Except as to the affirmative defense, the principles of burden of proof and weight of the evidence generally applicable in civil actions in the Tribal court apply to actions brought under this part. (B) In determining whether the impact of an actual or proposed activity on the environment rises to the level of actual or likely impairment, pollution or destruction under subsection (A), relevant factors may/shall include:
(D) Costs may be apportioned to the parties if the interests of justice require. 4. Granting equitable relief; Imposition of conditions (A) The court may/shall grant temporary and permanent equitable relief or may impose conditions on the defendant that are required to protect the air, water, and other natural resources or the public trust in these resources from pollution, impairment, or destruction. (B) The court may not deny injunctive relief because the Tribe has failed to show that there is no adequate remedy at law or because the Tribe has not shown that irreparable harm will result from the act or practice which is the subject of the action. (C) The court may require a performance bond or other security by the respondent to ensure compliance with any court order or judgement. 5. Part Supplementary This Law is supplementary to existing procedures provided by law. Issues
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