Section 46.03.765. Injunctions.

Latest version.

The superior court has jurisdiction to enjoin a violation of this chapter, AS 46.04, AS 46.09, AS 46.14, or of a regulation, a lawful order of the department, or permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14. In actions brought under this section, temporary or preliminary relief may be obtained upon a showing of an imminent threat of continued violation, and probable success on the merits, without the necessity of demonstrating physical irreparable harm. The balance of equities in actions under this section may affect the timing of compliance, but not the necessity of compliance within a reasonable period of time.

Notes

Implemented As

18 AAC 78.940

History

(Sec. 10 ch 220 SLA 1976; am Sec. 6 ch 266 SLA 1976; am Sec. 7 ch 116 SLA 1980; am Sec. 10 ch 59 SLA 1986; am Sec. 17 ch 74 SLA 1993)

                    
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