78B-6a-102. Abrogation of common law nuisance -- Exception -- Reporting requirement.

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Effective 5/6/2026

(a)Except as provided in Subsection

(2), this chapter abrogates any common law civil right of action for a public nuisance or a private nuisance in this state.

(b)Subsection (1)(a) does not abrogate a common law civil right of action for public nuisance or a private nuisance that accrued, or is pending in a court, before May 6, 2026.

(2)The attorney general may bring a common law civil right of action for a public nuisance or private nuisance in this state if:

(a)the attorney general determines that there is a substantial ongoing harm to a significant number of the citizens of Utah; and

(b)the attorney general is bringing the common law civil right of action for a public nuisance or a private nuisance:

(i)on behalf of the state, a state officer or agency, or a political subdivision of the state; or

(ii)as parens patriae on behalf of individuals residing in the state.

(3)A person other than the attorney general may not bring a common law civil right of action for a public nuisance or private nuisance.

(4)The governor may direct the attorney general to bring a nuisance action under Subsection

(2).

(5)This chapter does not preclude the governor from declaring a public nuisance.

(6)Before October 1, 2029, and every four years thereafter before October 1:

(a)the attorney general shall report to the Judiciary Interim Committee on the attorney general's exercise of the common law right of action described in Subsection

(2); and

(b)the Judiciary Interim Committee shall review the attorney general's report and make a determination as to whether Subsections

(2)and

(3)should be repealed.

Enacted by Chapter 401 , 2026 General Session