The district court of the county in which the facility is located or, if all parties agree, the district court of Lancaster County shall have jurisdiction of actions brought under section 25-21,259.
§ 25-21,264.Venue.
Article 21: Special Proceedings and Actions · Last amended 1998 · Last verified July 22, 2026
In one sentenceThis section fixes venue for a civil action brought under section 25-21,259 in the district court of the county where the facility sits, or, if every party agrees, in the district court of Lancaster County.
Full Text of § 25-21,264
Source
Laws 1998, LB 395, § 11.
Plain-English Summary
Venue rules decide which courthouse hears a case, and section 25-21,264 answers that question for actions brought under section 25-21,259 within Nebraska’s environmental audit-privilege statutes. The default is the district court of the county where the facility involved is located, which keeps the dispute close to the people, property, and records most connected to it.
The section also allows a shortcut: if all parties agree, the case can instead proceed in the district court of Lancaster County, home to Lincoln and much of the state’s regulatory apparatus. That unanimous-agreement option gives parties, especially a state agency and a company with facilities across several counties, a practical way to consolidate matters in one familiar venue instead of litigating county by county.
Frequently Asked Questions
Which court hears a case brought under section 25-21,259?
The district court of the county where the facility at issue is located, unless the parties agree to a different venue under this section.
Can the parties choose a different courthouse than the one where the facility sits?
Yes, but only by agreement of all parties, and only in favor of the district court of Lancaster County.
Why would parties agree to move a case to Lancaster County?
Lancaster County houses much of Nebraska’s state government and regulatory agencies, so parties dealing with facilities in multiple counties may find it a more convenient, central venue.
Does this venue rule apply to every environmental audit privilege dispute?
It applies specifically to actions brought under section 25-21,259; other proceedings follow the venue rules that generally govern civil actions.
What happens if the parties cannot agree on venue?
Absent agreement, the case proceeds in the district court of the county where the facility is located.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: venue for environmental audit lawsuit nebraskalancaster county district court venuewhere to file audit privilege casefacility county jurisdiction nebraskadistrict court venue agreement of parties