1. (1)

   1. (a) Except as provided in Subsection (2), this chapter abrogates any common law civil right of action for a public nuisance or a private nuisance in this state.
   2. (b) Subsection (1)(a) does not abrogate a common law civil right of action for public nuisance or a private nuisance that accrued, or is pending in a court, before May 6, 2026.

2. (2) The attorney general may bring a common law civil right of action for a public nuisance or private nuisance in this state if:

   1. (a) the attorney general determines that there is a substantial ongoing harm to a significant number of the citizens of Utah; and

   2. (b) the attorney general is bringing the common law civil right of action for a public nuisance or a private nuisance:

      1. (i) on behalf of the state, a state officer or agency, or a political subdivision of the state; or
      2. (ii) as parens patriae on behalf of individuals residing in the state.
3. (3) A person other than the attorney general may not bring a common law civil right of action for a public nuisance or private nuisance.
4. (4) The governor may direct the attorney general to bring a nuisance action under Subsection (2).
5. (5) This chapter does not preclude the governor from declaring a public nuisance.

6. (6) Before October 1, 2029, and every four years thereafter before October 1:

   1. (a) the attorney general shall report to the Judiciary Interim Committee on the attorney general's exercise of the common law right of action described in Subsection (2); and
   2. (b) the Judiciary Interim Committee shall review the attorney general's report and make a determination as to whether Subsections (2) and (3) should be repealed.

Enacted by Chapter 401, 2026 General Session