[§195D-32]  Citizen suits.  (a)  Exceptas provided in subsection (b), any person, acting as a private attorneygeneral, may commence a civil suit on the person's behalf:

(1)  Against any state or county agency orinstrumentality that is alleged to be in violation of the terms of, or [fails]to fulfill the obligations imposed and agreed to under any habitat conservationplan or safe harbor agreement and accompanying license for public lands asauthorized under sections 195D-21 and 195D-22; or

(2)  Against the department or board, where there isalleged a failure of the department or board to perform any act or dutyrequired under a habitat conservation plan or safe harbor agreement andaccompanying license issued for public lands.

(b)  The circuit courts shall have jurisdictionto enforce this section or to order the department or board to perform any actor duty required under this section, provided that:

(1)  No action may be commenced under subsection(a)(1) less than sixty days after written notice of the alleged violation hasbeen given to the department, and to the state or county agency orinstrumentality alleged to be in violation of this section, except that theaction may be brought immediately after the notification in the case of anemergency posing a significant risk to the well-being of any species of fish,wildlife, or plant; and

(2)  No action may be commenced under subsection(a)(2) less than sixty days after written notice of the alleged violation hasbeen given to the department, except that the action may be brought immediatelyafter the notification in the case of an emergency posing a significant risk tothe well-being of any species of fish or wildlife, or plant.

(c)  Any suit brought pursuant to this sectionmay be brought in the judicial circuit where the alleged violation occurred oris occurring.  In any suit brought pursuant to this section, where the State isnot a party, the attorney general, at the request of the department, mayintervene on behalf of the State as a matter of right.

(d)  The injunctive relief provided by thissection shall not restrict any right that any person or class of persons mayhave under any other law, including common law, to seek enforcement of anystandard or limitation or to seek any other relief, including relief againstany instrumentality or agency of the State. [L 2003, c 35, §2]