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SALT LAKE CITY (AP) -- The Environmental Protection Agency says it's concerned about a Utah bill requiring nonprofit groups to post a bond before they try to stop new projects under state or federal environmental laws.
The Utah Legislature approved House Bill 100, which would require bonds to cover any delay-related costs for developers, including lost profits, employee wages, construction costs and taxes.
Gov. Jon Huntsman said he's considering vetoing the bill because it may not be constitutional.
The EPA bolstered Huntsman's position Friday, with a letter to the governor.
The EPA Denver regional director suggested Utah may not be able to carry out federal environmental laws that have been delegated to the state, such as the Clean Air Act, the Clean Water Act and Superfund cleanups.
"(T)his pending legislation raises concerns about whether important parts of the state's federally approved environmental programs would meet federal requirements for EPA approval," said the letter, signed by Kerrigan D. Clough on behalf of the regional administrator, Robbie Roberts.
Lawmakers said the bill is needed to rein in lawsuits seeking to delay or stop transportation projects.
Jason Groenewald, executive director of the nonprofit Healthy Environment Alliance of Utah, called the bill punitive. He said the bond requirement will price citizens out of their right to challenge government.
"It shows an utter disregard for the courts and the abilities of the citizens to seek justice when their life and well being are at risk," Groenewald said. "We think it's likely there will be a court challenge."
Rep. Aaron Tilton, R-Springville, who sponsored the bill, said it would prevent "frivolous lawsuits" like the one that delayed the Legacy Highway for three years. The courts ruled in favor of environmental groups' claim that the highway had shortcut federal law. Last year, the case was settled with a compromise before going to trial.
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Information from: The Salt Lake Tribune, http://www.sltrib.com
(Copyright 2006 by The Associated Press. All Rights Reserved.) APTV-03-04-06 1421MST
