(a) Nothing contained or authorized in this article and no civil action by or against the board and no penalties imposed or claimed against any person for violating any provision of this article or any rule, regulation or order issued under this article and no forfeiture shall impair or abridge or delay any cause of action for damages which any person may have or assert against any person violating any provision of this article or any rule, regulation or order issued under this article. Any person so damaged by the violation may institute a civil action for and recover such damages as he may show that he is entitled to receive.
(b) In the event the board should fail to bring a civil action to enjoin any actual or threatened violation of any provision of this article or of any rule, regulation or order made under this article, then any person or party in interest adversely affected by such violation or threat thereof and who has requested the board to institute a civil action in the name of the state may, to prevent any or further violation, bring a civil action for that purpose in any court in which the board could have brought a civil action. If, in such civil action, the court holds that injunctive relief should be granted, then the state shall be made a party and shall be substituted by order of the court for the person who brought the action, and the injunction shall be issued as if the state had at all times been the complaining party.
Structure Code of Alabama
Title 9 - Conservation and Natural Resources.
Article 1 - Conservation and Regulation of Production.
Section 9-17-2 - Declaration of Public Policy; Purpose of Article.
Section 9-17-3 - Oil and Gas Board - Created; Composition; Compensation and Members Emeritus.
Section 9-17-3.1 - Oil and Gas Board — Exemption From Sunset Law.
Section 9-17-5 - Oil and Gas Board - Representation in Litigation; Administration of Oaths.
Section 9-17-6 - Oil and Gas Board - Powers and Duties Generally.
Section 9-17-9 - State Oil and Gas Supervisor.
Section 9-17-10 - Employment of Personnel.
Section 9-17-11 - Waste Prohibited.
Section 9-17-12 - Limitations on Regulations; Drilling or Production Units; Producers' Shares.
Section 9-17-13 - Integration of Interests; Cycling Operations; Orders of Board; Procedures.
Section 9-17-15 - Judicial Review of Rules, Regulations or Orders.
Section 9-17-16 - Injunctions - Issuance Against Board, Etc.
Section 9-17-18 - Injunctions - Appeals.
Section 9-17-21 - Illegal Oil, Gas or Product - Sale, Acquisition, Processing, Handling, Etc.
Section 9-17-22 - Illegal Oil, Gas or Product - Seizure, Condemnation and Sale.
Section 9-17-24 - Notification Requirement; Hearing; Fees; Alabama Oil and Gas Board Special Fund.
Section 9-17-33 - Disposition of Proceeds From Sale of Oil or Gas Production.
Section 9-17-34 - Additional Definitions.
Section 9-17-35 - Tax Based on Gross Proceeds for Offshore Production.