HB508 Alabama 2015 Session

Summary

Primary Sponsor

Jack Williams

Republican

Session

Regular Session 2015

Title

Civil procedure, bonds for injunction, exemptions

Summary

This bill requires posting a bond when seeking injunctions or restraining orders on permits affecting industrial operations, with certain exemptions.

What This Bill Does

If passed, the bill would require a party seeking a restraining order, preliminary injunction, or stay of operation of permits affecting an industrial operation to post security for potential costs and damages. The amount would be set by the court and can consider wages, benefits, and payments to contractors if evidence is provided. Some agency decisions are exempt from posting security, and posting security cannot bar relief or limit recovery for someone wrongfully enjoined.

Who It Affects

• Industrial operation operators (construction, energy, timber, road construction/maintenance, oil/gas/mineral exploration, development, production, and government projects) who may have to post security when seeking injunctive relief.
• Employees and contractors associated with the industrial operation, whose wages, benefits, and payments to contractors may influence the security amount and who may be affected by whether operations are enjoined.

Key Provisions

• Requires posting security for restraining orders, preliminary injunctions, or stays of permits that affect an industrial operation, in an amount the court finds proper to cover costs and damages if the operation is wrongfully enjoined or restrained.
• The court may consider evidence of wages and benefits for employees and payments to contractors/subcontractors when determining the security amount.
• Exempts posting security for certain agency decisions: ADEQ decisions under an EPA-approved/delegated program, and the Department of Conservation and Natural Resources decisions under a program approved/delegated by the Office of Surface Mining Reclamation and Enforcement.
• Security cannot prohibit relief or limit the amount recoverable by a party wrongfully enjoined or restrained.
• Industrial operation is defined to include construction, energy, timber, road construction/maintenance, oil/gas/mineral exploration, development, production, and government projects.
• Effective date: the act becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure