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<br />TEXT <br /> <br />(3) Except as provided in section 151-1-21, nothing in this <br /> <br />article shall prevent any person or persons adversely affected by a <br /> <br />weather modification operation from recovering damages resulting from <br /> <br />intentional hannful actions or negligent conduct on the part of a <br /> <br />licensee, organization, or corporation. <br /> <br />(4) (a) Failure to obtain a license or pennit before conducting <br /> <br />an operation, or any actions which knO\'lingly constitute a violation of <br /> <br />the conditions of a pennit, shall constitute negligence per 5e. <br /> <br />(b) The director my order any person, persons, or corporation <br /> <br />I <br />IV <br />'" <br />I <br /> <br />\,ho is found to be conducting a weather modificat ion operation without <br /> <br />a license and pennit to cease and desist from said operation. Failure <br /> <br />to obey said order shall constitute a misdemeanor and is ptll1ishab1e as <br /> <br />provided in section 151-1-25. <br /> <br />151-1-23. License or permit as defense of actions. The fact <br /> <br />that a person, or persons, holds a license or Kas issued a penni t <br /> <br />illlder this article, or that he has complied with the requirements <br />established by the director pursuant to this article, is not <br />admissable as a defense in actions for damages or injtll1ctive relief <br /> <br />brought against him. <br />151-1-24. Julicial review. Judicial review of any action of the <br /> <br />37 ,~\F f CC,\~\IE~ iT S <br /> <br />losses caused by cloud "seeding. The Texas* pro- <br />visiDn ruling out strict liability for licensed <br />operations is sDund; the Pennsylvania imposition <br />of liability without fault is a reflection of <br />animus toward weather modification in that state <br />and is unSDund. Modifiers should be legally re- <br />sponsible for damages proximately caused by <br />their negligence. Some standards of care set <br />by administrative agencies knowledgeable in the <br />field would help here. There should be legisla- <br />tion striking any nDtiDn of trespass liability <br />merely for invasion of the atmDsphere by delivery <br />systems, seeding substances, or precipitation.". <br /> <br />*The Texas law declares that weather modifi- <br />cation is not an ultrahazardous activity. In <br />brief, anyone WhD engages in an activity deemed <br />to be "ultrahazardous" -- another term u sed is <br />"abnonnally dangerous" -- is strictly liable for <br />damages resulting from his activities even if he <br />is without fault and has taken everj conceivable <br />precaution. The Committee believed that weather <br />modification activities should not be placed in <br />such a category. . <br /> <br />- <br />151-1-23. The Committee also concluded that <br />'the mere fact that a person had obtained a license <br />and a permit ShDUld not be allowed as a defense <br />against claims for damaqes resulting from neg1i- <br />sence. <br />