Section ENV.04.21 — Enforcement Hearings - Judicial Review

(a) Any final order or determination by the Division or the Commission shall be in writing, supported by written findings, and subject to judicial review in accordance with the provisions of this Article and any other applicable provisions of the Tribal Code or Tribal Court Rules of Civil Procedure.

(b) Any proceeding for judicial review of any final order or determination of the Division or the Commission shall be filed in the Tribal Court within thirty (30) days after said order or determination has been served upon the party affected. Such period shall be stayed while an application for a hearing, rehearing, or reconsideration is pending pursuant to Section ENV.04.20

(c)(1) Except with respect to emergency orders issued pursuant to Section ENV.04.16, any person to whom a cease and desist order, clean-up order, or other order has been issued by the Division or Commission, or against whom an adverse determination has been made, may petition the Tribal Court for a stay of the effectiveness of such order or determination. Such petition shall be filed in the Tribal Court in which is located the pollution sources.

(2) Such petitions may be filed prior to any such order or determination becoming final or during any period in which is located the Pollution sources affected.

(3) Such stay shall be granted by the court if there is probable cause to believe that refusal to grant a stay will cause serious harm to the affected person or any other person, and:

(A) That the alleged violation or activity to which the order or determination pertains will not continue, or if it does continue, any harmful effects on waters of the reservation will be alleviated promptly after the cessation of the violation or activity; or

(B) That the refusal to grant a stay would be without sufficient corresponding public benefit.

(d) Any party may move the court to remand the case to the Division or the Commission in the interests of justice, for the purpose of adducing additional specified and material evidence and findings thereon; but the burden shall be on such party to show reasonable grounds for the failure to adduce such evidence previously before the Division or Commission.

(e) If the court does not stay the effectiveness of an order of the Commission or Division, the court shall enforce compliance with that order by issuing a temporary restraining order or injunction at the request of the Commission or Division.