42 U.S.C. § 6395 | Enforcement

(a)

Civil penalty

section 6394 of this titleWhoever violates shall be subject to a civil penalty of not more than $5,000 for each violation.

(b)

Penalty for willful violation

section 6394 of this titleWhoever willfully violates shall be fined not more than $10,000 for each violation.

(c)

Penalty for violation after having been subjected to civil penalty for prior violation

section 6394 of this title section 6394 of this titleAny person who knowingly and willfully violates with respect to the sale, offer of sale, or distribution in commerce of a product or commodity after having been subjected to a civil penalty for a prior violation of with respect to the sale, offer of sale, or distribution in commerce of such product or commodity shall be fined not more than $50,000 or imprisoned not more than 6 months, or both.

(d)

Injunction action by Attorney General

section 6394 of this title section 6394 of this titleWhenever it appears to any officer or agency of the United States in whom is vested, or to whom is delegated, authority under this chapter that any person has engaged, is engaged, or is about to engage in acts or practices constituting a violation of , such officer or agency may request the Attorney General to bring an action in an appropriate district court of the United States to enjoin such acts or practices, and upon a proper showing a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. Any such court may also issue mandatory injunctions commanding any person to comply with any rule, regulation, or order described in .

(e)

Private right of action

(1)

Any person suffering legal wrong because of any act or practice arising out of any violation of any provision of this chapter described in paragraph (2), may bring an action in an appropriate district court of the United States without regard to the amount in controversy, for appropriate relief, including an action for a declaratory judgment or writ of injunction. Nothing in this subsection shall authorize any person to recover damages.

(2)

The provisions of this chapter referred to in paragraph (1) are as follows:

(A)

1 See References in Text note below.

Section 6262  of this title (relating to energy conservation plans).

(B)

Section 6271 of this title (relating to international oil allocation).

(C)

Section 6272 of this title (relating to international voluntary agreements).

(D)

Section 6273 of this title (relating to advisory committees).

(E)

Section 6274 of this title (relating to international exchange of information).

(F)

Section 6391 of this title (relating to prohibition on certain actions).

Pub. L. 94–163, title V, § 525Dec. 22, 197589 Stat. 963(, , .)

Editorial Notes

References in Text

Pub. L. 94–163Dec. 22, 197589 Stat. 871 section 6201 of this titleThis chapter, referred to in subsecs. (d) and (e), was in the original “this Act”, meaning , , , known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Section 6262 of this title Pub. L. 106–469, title I, § 104(1)Nov. 9, 2000114 Stat. 2033, referred to in subsec. (e)(2)(A), was repealed by , , .