42 U.S.C. § 6305 | Citizen suits

(a)

Civil actions; jurisdiction

Except as otherwise provided in subsection (b), any person may commence a civil action against—

(1)

any manufacturer or private labeler who is alleged to be in violation of any provision of this part or any rule under this part;

(2)

any Federal agency which has a responsibility under this part where there is an alleged failure of such agency to perform any act or duty under this part which is not discretionary; or

(3)

section 6295 of this title the Secretary in any case in which there is an alleged failure of the Secretary to comply with a nondiscretionary duty to issue a proposed or final rule according to the schedules set forth in .

section 6295 of this titleThe United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such provision or rule, or order such Federal agency to perform such act or duty, as the case may be. The courts shall advance on the docket, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the Secretary has failed to comply with a deadline established in , the court shall have jurisdiction to order appropriate relief, including relief that will ensure the Secretary’s compliance with future deadlines for the same covered product.

(b)

Limitation

No action may be commenced—

(1)

under subsection (a)(1)—

(A)

prior to 60 days after the date on which the plaintiff has given notice of the violation (i) to the Secretary, (ii) to the Commission, and (iii) to any alleged violator of such provision or rule, or

(B)

if the Commission has commenced and is diligently prosecuting a civil action to require compliance with such provision or rule, but, in any such action, any person may intervene as a matter of right.

(2)

under subsection (a)(2) prior to 60 days after the date on which the plaintiff has given notice of such action to the Secretary and Commission.

Notice under this subsection shall be given in such manner as the Commission shall prescribe by rule.

(c)

Right to intervene

In such action under this section, the Secretary or the Commission (or both), if not a party, may intervene as a matter of right.

(d)

Award of costs of litigation

The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.

(e)

Preservation of other relief

Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of this part or any rule thereunder, or to seek any other relief (including relief against the Secretary or the Commission).

(f)

Compliance in good faith

For purposes of this section, if a manufacturer or private labeler complied in good faith with a rule under this part, then he shall not be deemed to have violated any provision of this part by reason of the alleged invalidity of such rule.

Pub. L. 94–163, title III, § 335Dec. 22, 197589 Stat. 930 Pub. L. 95–619, title IV, § 425(f)Nov. 9, 197892 Stat. 3266 Pub. L. 100–12Mar. 17, 1987101 Stat. 122(, , ; , title VI, § 691(b)(2), , , 3288; , §§ 8, 11(b)(7), , , 126.)

Editorial Notes

Amendments

Pub. L. 100–12, § 8 section 6295 of this title1987—Subsec. (a). , added par. (3) and inserted at end “The courts shall advance on the docket, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the Secretary has failed to comply with a deadline established in , the court shall have jurisdiction to order appropriate relief, including relief that will ensure the Secretary’s compliance with future deadlines for the same covered product.”

Pub. L. 100–12, § 11(b)(7)Subsecs. (b) to (f). , inserted headings for subsecs. (b) to (f).

Pub. L. 95–619, § 425(f)1978—Subsec. (a). , struck out provision in par. (1) which excluded sections 6295 and 6302(a)(5) of this title and rules thereunder, struck out provision in par. (2) which excluded any act or duty under section 6295 or 6302(a)(5) of this title, and inserted provision giving district courts jurisdiction to order Federal agencies to perform particular acts or duties under this part.

Pub. L. 95–619, § 691(b)(2)Subsecs. (b), (c), (e). , substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.