House panel backs posting of environmental bonds

Despite vehement objections from environmentalists and a fishing group that two bills would be an unconstitutional infringement of Utahns' ability to seek redress, a House committee on Tuesday approved the measures that would require the posting of bonds in environmental disputes.

Both HB100 and HB259 are sponsored by Rep. Aaron Tilton, R-Springville. They won approval by large margins in the House Natural Resources, Agriculture and Environment Committee and now go to the full House for debate.

The first would require posting a bond sufficient to cover costs of the opposing side in environmental lawsuits. The second involves a bond in the case of an appeal that would stay an action by the Utah Air Quality Board.

Under current rules, Tilton said, it's possible a group can win a case regardless of the merits by dragging out an expensive lawsuit. He cited the recent Legacy Parkway settlement as an example.

Timothy Hawkes of the group Trout Unlimited testified that the bill has "all kinds" of constitutional problems. "It is an effective club that impedes access to the courts," he said.

Representatives of industry groups also spoke in favor of the legislation. HB100 won the committee's recommendation by a 12-3 vote, while only two opposed HB259.