House Amendment 2
H 4654 - Session 119 (2011-2012)
Exemptions and limitations on pollutants
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Rep. J.H. NEAL proposes the following Amendment No. 2 to H. 4654 (COUNCIL\MS\7726AHB12):

Amend the bill, as and if amended, by deleting SECTION 3 in its entirety and inserting:

/ SECTION      3.      Section 48-1-250 of the 1976 Code is amended to read:

     "Section 48-1-250.      Causes of action resulting from the violation of the prohibitions contained in this chapter inure to and are for the benefit of any person or persons damaged as the result of any such violation. Any person seeking relief under this chapter must show that he has suffered a concrete and particularized injury, that the injury resulted from the conduct complained of, and that the injury will be redressed by a favorable decision. A determination by the department that pollution exists or a violation of any of the prohibitions a prohibition contained in this chapter has occurred, whether or not actionable by the State, create creates no presumption of law or fact inuring to or for the benefit of persons a person other than the State." /

Renumber sections to conform.
Amend title to conform.