BLAIR LEE III, Acting Governor                           2437

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.

1-504. LIMITATIONS ON RIGHT OF ACTION; DEFENSES.

(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, SUBJECT TO THE
PROVISIONS AND LIMITATIONS SET FORTH IN THIS SUBTITLE.

(B) EXCEPT AS PROVIDED IN SECTION 1-503(C) 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.

(C)    THIS SUBTITLE DOES NOT AUTHORIZE AN ACTION FOR
MONETARY DAMAGES. THE REMEDIES AVAILABLE TO ANY PLAINTIFF
WHO ACQUIRES STANDING TO SUE SOLELY BY VIRTUE OF THIS
SUBTITLE ARE LIMITED TO MANDAMUS OR EQUITABLE RELIEF,
INCLUDING DECLARATORY RELIEF AS TO WHETHER A PERMIT OR ORDER
HAS BEEN UNLAWFULLY ISSUED OR IS BEING VIOLATED, AND A
JUDGMENT OR DECREE FOR MONETARY DAMAGES MAY NOT BE AWARDED.
HOWEVER, A JUDGMENT FOR MONETARY DAMAGES MAY BE AWARDED IN
ANY ACTION WHERE A JUDGMENT IS APPROPRIATE TO A PLAINTIFF
WHO HAS STANDING TO SUE OTHER THAN BY VIRTUE OF THIS
SUBTITLE.

(D)    THIS SUBTITLE DOES NOT ABROGATE THE EXISTING
REQUIREMENT AND PRINCIPLES OF EXHAUSTION OF ADMINISTRATIVE
REMEDIES, AND THIS SUBTITLE DOES NOT BROADEN, EXCEPT AS
SPECIFICALLY SET FORTH, THE RIGHTS OF INTERVENTION OF
PERSONS IN ADMINISTRATIVE HEARINGS AND IN APPEALS FROM THE
HEARINGS.

(E) THIS SUBTITLE IS NOT TO BE CONSTRUED IN ANY WAY
TO ALTER THE PRESENT PROVISIONS OF LAW RELATING TO STANDING
IN ANY MATTER AFFECTING LOCAL ZONING.

(E) (F) (1) EXCEPT AS PROVIDED IN THIS SUBTITLE, RELIEF
MAY NOT BE GRANTED IN ANY ACTION FILED PURSUANT TO THIS
SUBTITLE WITH RESPECT TO ANY DEFENDANT WHO SHOWS THAT THE
CONDITION, ACTIVITY, OR FAILURE COMPLAINED OF IS PURSUANT TO
AND IN COMPLIANCE WITH (I) A LAWFUL, CURRENT PERMIT OR ORDER
OF AN AGENCY OF THE STATE OR A POLITICAL SUBDIVISION