Arizona § 49-407 - Private right of action; citizen suits
Full text of Arizona Arizona Revised Statutes § 49-407 — Private right of action; citizen suits, with citation guidance and answers to common questions.
§ 49-407. Private right of action; citizen suits
A. Except as provided in subsection B, a person having an interest which is or may be adversely affected may commence a civil action in superior court on his own behalf against the director alleging a failure of the director to perform an act or duty under this article or article 2 of this chapter that is not discretionary with the director. The court has jurisdiction to order the director to perform the act or duty.
B. No action may be commenced in any of the following cases:
1. Before sixty days after the plaintiff has given notice of the alleged violation to the director and to an alleged violator.
2. If the director determines no violation has occurred, or if the director has initiated an administrative enforcement action by issuing a warning letter, notice of violation or issuing an order.
3. If the attorney general or county attorney has commenced and is diligently prosecuting a civil action in the superior court to require compliance with the provision, order, permit, standard, rule or emission limitation.
C. In an action commenced under this section the plaintiff has the burden of proof.
D. The court, in issuing a final order in an action brought under this section, may award costs of litigation, including reasonable attorney and expert witness fees, to any party that substantially prevails.
Source: official Arizona text · Last verified 2026-08-27
Frequently Asked Questions About Arizona § 49-407
What does Arizona Revised Statutes § 49-407 cover?
Section 49-407 ("Private right of action; citizen suits") is part of the Arizona Revised Statutes, the codified statutory law of Arizona. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arizona § 49-407?
A common citation format is "Arizona Revised Statutes § 49-407" (Arizona). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arizona law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arizona official source linked on this page or consult a licensed Arizona attorney.
How does Arizona § 49-407 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arizona can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arizona.