Code of Alabama

Ala. Code § 9-17-19 (2026)

Civil Actions for Damages for Violations of Provisions of Article, Rules, Etc.; Actions by Private Parties to Enjoin Violations of Provisions of Article, Rules, Etc.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(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.

(Acts 1945, No. 1, p. 1, §19.)

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2018–2023 · leading case: Matthews v. Ankor Energy, LLC (S.D. Ala. 2018).

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Matthews v. Ankor Energy, LLC (S.D. Ala. 2018). · cites it 9× “20 at 24), is due to be dismissed because no “statutory claim for waste” exists under Ala. Code § 9-17-19 . (Docs. 24 at 3; 25 at 19; 26 at 3).”

Matthews v. Ankor Energy, LLC (S.D. Ala. 2018). · cites it 8× “CODE § 9-17-19 (paragraph III (i)). The Magistrate Judge concluded that the motions to dismiss should be denied as to Defendants’ other bases.”

Resource Strategies, LLC v. Escambia Operating Co., LLC (S.D. Ala. 2023). · cites it 4× “In Matthews, the court specifically held that, in light of the express mandate provided in Ala. Code § 9-17-19 , “dismissal based on lack of exhaustion should be denied.”

— Ala. Code § 9-17-19(a) — 1 case

Resource Strategies, LLC v. Escambia Operating Co., LLC (S.D. Ala. 2023). “In Matthews, the court specifically held that, in light of the express mandate provided in Ala. Code § 9-17-19 , “dismissal based on lack of exhaustion should be denied.”

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