15 U.S.C. § 2619 : US Code - Section 2619: Citizens' civil actions

Search 15 U.S.C. § 2619 : US Code - Section 2619: Citizens' civil actions

(a) In general
Except as provided in subsection (b) of this section, any person
may commence a civil action -
(1) against any person (including (A) the United States, and
(B) any other governmental instrumentality or agency to the
extent permitted by the eleventh amendment to the Constitution)
who is alleged to be in violation of this chapter or any rule
promulgated under section 2603, 2604, or 2605 of this title, or
subchapter II or IV of this chapter, or order issued under
section 2604 of this title or subchapter II or IV of this chapter
to restrain such violation, or
(2) against the Administrator to compel the Administrator to
perform any act or duty under this chapter which is not
discretionary.
Any civil action under paragraph (1) shall be brought in the United
States district court for the district in which the alleged
violation occurred or in which the defendant resides or in which
the defendant's principal place of business is located. Any action
brought under paragraph (2) shall be brought in the United States
District Court for the District of Columbia, or the United States
district court for the judicial district in which the plaintiff is
domiciled. The district courts of the United States shall have
jurisdiction over suits brought under this section, without regard
to the amount in controversy or the citizenship of the parties. In
any civil action under this subsection process may be served on a
defendant in any judicial district in which the defendant resides
or may be found and subpoenas for witnesses may be served in any
judicial district.
(b) Limitation
No civil action may be commenced -
(1) under subsection (a)(1) of this section to restrain a
violation of this chapter or rule or order under this chapter -
(A) before the expiration of 60 days after the plaintiff has
given notice of such violation (i) to the Administrator, and
(ii) to the person who is alleged to have committed such
violation, or
(B) if the Administrator has commenced and is diligently
prosecuting a proceeding for the issuance of an order under
section 2615(a)(2) of this title to require compliance with
this chapter or with such rule or order or if the Attorney
General has commenced and is diligently prosecuting a civil
action in a court of the United States to require compliance
with this chapter or with such rule or order, but if such
proceeding or civil action is commenced after the giving of
notice, any person giving such notice may intervene as a matter
of right in such proceeding or action; or
(2) under subsection (a)(2) of this section before the
expiration of 60 days after the plaintiff has given notice to the
Administrator of the alleged failure of the Administrator to
perform an act or duty which is the basis for such action or, in
the case of an action under such subsection for the failure of
the Administrator to file an action under section 2606 of this
title, before the expiration of ten days after such notification.
Notice under this subsection shall be given in such manner as the
Administrator shall prescribe by rule.
(c) General
(1) In any action under this section, the Administrator, if not a
party, may intervene as a matter of right.
(2) The court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of suit
and reasonable fees for attorneys and expert witnesses if the court
determines that such an award is appropriate. Any court, in issuing
its decision in an action brought to review such an order, may
award costs of suit and reasonable fees for attorneys if the court
determines that such an award is appropriate.
(3) 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 chapter or any rule or order under
this chapter or to seek any other relief.
(d) Consolidation
When two or more civil actions brought under subsection (a) of
this section involving the same defendant and the same issues or
violations are pending in two or more judicial districts, such
pending actions, upon application of such defendants to such
actions which is made to a court in which any such action is
brought, may, if such court in its discretion so decides, be
consolidated for trial by order (issued after giving all parties
reasonable notice and opportunity to be heard) of such court and
tried in -
(1) any district which is selected by such defendant and in
which one of such actions is pending,
(2) a district which is agreed upon by stipulation between all
the parties to such actions and in which one of such actions is
pending, or
(3) a district which is selected by the court and in which one
of such actions is pending.
The court issuing such an order shall give prompt notification of
the order to the other courts in which the civil actions
consolidated under the order are pending.