2436                                            LAWS OF MARYLAND                                     Ch. 838

RESIDENT OF MARYLAND TO AN ENVIRONMENT FREE FROM POLLUTION
TO THE EXTENT POSSIBLE. IT FURTHER FINDS THAT THE COURTS OF
THE STATE OF MARYLAND ARE AN APPROPRIATE FORUM FOR SEEKING
THE PROTECTION OF THE ENVIRONMENT AND THAT AN UNREASONABLY
STRICT PROCEDURAL DEFINITION OF "STANDING TO SUE" IN
ENVIRONMENTAL MATTERS IS NOT IN THE PUBLIC INTEREST.

1-503. ACTIONS FOR DECLARATORY AND EQUITABLE RELIEF.

(A) THE FOLLOWING PERSONS HAVE STANDING TO BRING AND
MAINTAIN AN ACTION PROVIDED FOR IN THIS SECTION IN THE
COURTS OF EQUITY OF THIS STATE:

(1)    THE STATE OF MARYLAND, OR ANY AGENCY OR
OFFICER OF THE STATE, ACTING THROUGH THE ATTORNEY GENERAL;

(2)    ANY POLITICAL SUBDIVISION OF THE STATE OF
MARYLAND, OR ANY AGENCY OR OFFICER OF IT ACTING ON ITS
BEHALF; AND

(3)    ANY OTHER PERSON, REGARDLESS OF WHETHER HE
POSSESSES A SPECIAL INTEREST DIFFERENT FROM THAT POSSESSED
GENERALLY BY THE CITIZENS RESIDENTS OF MARYLAND, OR WHETHER
SUBSTANTIAL PERSONAL OR PROPERTY DAMAGE TO HIM IS
THREATENED. HOWEVER, AN INDIVIDUAL CITIZEN EITHER SHALL

RESIDE IN THE COUNTY OR BALTIMORE CITY WHERE THE ACTION IS

BROUGHT, OR SHALL DEMONSTRATE THAT THE ALLEGED CONDITION,

ACTIVITY,__OR FAILURE COMPLAINED OF AFFECTS THE ENVIRONMENT

WHERE HE RESIDES.

(B) ANY PERSON GIVEN STANDING BY SUBSECTION (A) MAY

BRING AND MAINTAIN AN ACTION AGAINST ANY OTHER PERSON WHO IS

CAUSING, ENGAGING IN, OR MAINTAINING, OR IS ABOUT TO CAUSE,

ENGAGE IN, OR MAINTAIN, A CONDITION OR ACTIVITY WHICH

INVOLVES FAILURE TO MEET 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, LICENSE, PERMIT, OR ORDER OF

THE STATE, OF ANY POLITICAL SUBDIVISION, OR OF ANY OFFICER

OR AGENCY OF THE STATE OR POLITICAL SUBDIVISION.

(C) ANY PERSON GIVEN STANDING BY SUBSECTION (A) MAY

BRING AND MAINTAIN AN ACTION FOR MANDAMUS AGAINST ANY

OFFICER OR AGENCY OF THE STATE OR POLITICAL SUBDIVISION FOR

FAILURE ON THE PART OF THE DEFENDANT TO PERFORM A

NON-DISCRETIONARY MINISTERIAL DUTY IMPOSED UPON THE

DEFENDANT UNDER AN ENVIRONMENTAL STATUTE, ORDINANCE, RULE,

REGULATION, LICENSE, PERMIT, OR ORDER. THE PROVISIONS OF

THIS SUBSECTION DO NOT APPLY TO ANY DISCRETIONARY ACTION

LAWFULLY TAKEN BY ANY OFFICER OR AGENCY OF THE STATE OR
POLITICAL SUBDIVISION.

(B) ANY PERSON GIVEN STANDING BY SUBSECTION (A) MAY

BRING AND MAINTAIN AN ACTION JOB 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