WILLIAM DONALD SCHAEFER, Governor Ch. 6
Occurred: Ch. 838, Acts of 1978.

1-503.

(b) 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.

DRAFTER'S NOTE:

Error: Stylistic error in § l-503(b) of the Natural Resources Article.

Occurred: Ch. 838, Acts of 1978.
1-504.

(a) 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.

(b) Except as provided in § l-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.

DRAFTER'S NOTE:

Error: In § 1-504 of the Natural Resources Article, stylistic error in
subsection (a) and stylistic error and omitted comma in subsection (b).

Occurred: Ch. 838, Acts of 1978, and Ch. 65, Acts of 1979.
1-505.

(c) 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

- 99 -