Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to environmental litigation; requiring the State of Nevada, a local government, a public officer or a public employee to pay the costs of litigation of a prevailing private person in certain civil actions involving environmental issues; providing that such a governmental entity or employee who prevails in such a civil action must not be awarded attorney's fees or costs under certain circumstances; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 18.020 is hereby amended to read as follows:
18.020Costs must be allowed [of course] to the prevailing party against any adverse party against whom judgment is rendered, in the following cases:
1. In an action for the recovery of real property or a possessory right thereto.
2. In an action to recover the possession of personal property, where the value of the property amounts to more than $2,500. The value must be determined by the jury, court or master by whom the action is tried.
3. In an action for the recovery of money or damages, where the plaintiff seeks to recover more than $2,500.
4. In a special proceeding, except a special proceeding conducted pursuant to NRS 306.040.
5. In an action [which] that involves the title or boundaries of real estate, or the legality of any tax, impost, assessment, toll or municipal fine, including the costs accrued in the action if originally commenced in a justice's court.
6. Except as otherwise provided in subsection 3 of NRS 18.025, in an action where the state, a local government, a public officer or a public employee brings a civil action against a private person to enforce compliance with a statute, regulation or ordinance for the protection of the air, water or another natural resource from pollution, impairment or destruction.
Sec. 2. NRS 18.025 is hereby amended to read as follows:
18.0251. [A] Except as otherwise provided in subsection 3, a court shall not:
(a) Refuse to award attorney's fees or costs to the state, a local government, a public officer or a public employee; or
(b) Reduce the amount of the attorney's fees or costs it awards to the state, a local government, a public officer or a public employee,
as the prevailing party in a civil action or as a party otherwise entitled to receive attorney's fees or costs, solely because the prevailing party is the state, a local government, a public officer or a public employee.
2. If a court determines that the state, a local government, a public officer or a public employee is entitled to receive attorney's fees or costs pursuant to the Nevada Rules of Civil Procedure, the Nevada Rules of Appellate Procedure, the provisions of this chapter or another specific statute, it shall award the attorney's fees and costs at the rates set forth in the rule or statute. If rates are not set forth in the rule or statute, the court shall award reasonable attorney's fees and costs.
3. Except as otherwise provided in NRS 17.115, a court shall refuse to award attorney's fees or costs to the state, a local government, a public officer or a public employee if the state, local government, public officer or public employee prevails in a civil action against a private person to enforce compliance with a statute, regulation or ordinance for the protection of the air, water or another natural resource from pollution, impairment or destruction.
4. As used in this section, "local government" means any county, city, district, agency or other political subdivision of this state.
Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. The amendatory provisions of this act apply to actions commenced on or after October 1, 1997.