Sec. 52-473a. Enjoining or restraining enforcement of certain environmental or public health laws. Ex parte orders prohibited. Appeal.  


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  • (a) Notwithstanding any provision of the general statutes, no court may, without a prior hearing, issue an order enjoining or restraining the enforcement of an order issued by the Commissioner of Energy and Environmental Protection pursuant to section 22a-7 with respect to chapter 446c or the Commissioner of Public Health pursuant to section 19a-332c or 25-32g to cease and desist any activity.

    (b) If, after a hearing, the court issues an order enjoining or restraining the enforcement of such a cease and desist order, the state may appeal such court order to the Appellate Court. Such appeal may be expedited pursuant to rules established by the judges of the Appellate Court.

    (c) Nothing in this section shall be construed to provide any person with additional remedies to enjoin or restrain any order of an agency of the state or a political subdivision of the state.

(P.A. 93-244, S. 1, 2; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 95-257, S. 12, 21, 58; P.A. 11-80, S. 1.)

History: P.A. 93-244 effective July 1, 1993; P.A. 93-381 and P.A. 93-435 substituted commissioner and department of public health and addiction services for commissioner and department of health services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.