42 U.S.C. § 9659 : US Code - Section 9659: Citizens suits

Search 42 U.S.C. § 9659 : US Code - Section 9659: Citizens suits

(a) Authority to bring civil actions
Except as provided in subsections (d) and (e) of this section and
in section 9613(h) of this title (relating to timing of judicial
review), any person may commence a civil action on his own behalf -

(1) against any person (including the United States and 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 any standard, regulation,
condition, requirement, or order which has become effective
pursuant to this chapter (including any provision of an agreement
under section 9620 of this title, relating to Federal
facilities); or
(2) against the President or any other officer of the United
States (including the Administrator of the Environmental
Protection Agency and the Administrator of the ATSDR) where there
is alleged a failure of the President or of such other officer to
perform any act or duty under this chapter, including an act or
duty under section 9620 of this title (relating to Federal
facilities), which is not discretionary with the President or
such other officer.
Paragraph (2) shall not apply to any act or duty under the
provisions of section 9660 of this title (relating to research,
development, and demonstration).
(b) Venue
(1) Actions under subsection (a)(1)
Any action under subsection (a)(1) of this section shall be
brought in the district court for the district in which the
alleged violation occurred.
(2) Actions under subsection (a)(2)
Any action brought under subsection (a)(2) of this section may
be brought in the United States District Court for the District
of Columbia.
(c) Relief
The district court shall have jurisdiction in actions brought
under subsection (a)(1) of this section to enforce the standard,
regulation, condition, requirement, or order concerned (including
any provision of an agreement under section 9620 of this title), to
order such action as may be necessary to correct the violation, and
to impose any civil penalty provided for the violation. The
district court shall have jurisdiction in actions brought under
subsection (a)(2) of this section to order the President or other
officer to perform the act or duty concerned.
(d) Rules applicable to subsection (a)(1) actions
(1) Notice
No action may be commenced under subsection (a)(1) of this
section before 60 days after the plaintiff has given notice of
the violation to each of the following:
(A) The President.
(B) The State in which the alleged violation occurs.
(C) Any alleged violator of the standard, regulation,
condition, requirement, or order concerned (including any
provision of an agreement under section 9620 of this title).
Notice under this paragraph shall be given in such manner as the
President shall prescribe by regulation.
(2) Diligent prosecution
No action may be commenced under paragraph (1) of subsection
(a) of this section if the President has commenced and is
diligently prosecuting an action under this chapter, or under the
Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] to require
compliance with the standard, regulation, condition, requirement,
or order concerned (including any provision of an agreement under
section 9620 of this title).
(e) Rules applicable to subsection (a)(2) actions
No action may be commenced under paragraph (2) of subsection (a)
of this section before the 60th day following the date on which the
plaintiff gives notice to the Administrator or other department,
agency, or instrumentality that the plaintiff will commence such
action. Notice under this subsection shall be given in such manner
as the President shall prescribe by regulation.
(f) Costs
The court, in issuing any final order in any action brought
pursuant to this section, may award costs of litigation (including
reasonable attorney and expert witness fees) to the prevailing or
the substantially prevailing party whenever the court determines
such an award is appropriate. The court may, if a temporary
restraining order or preliminary injunction is sought, require the
filing of a bond or equivalent security in accordance with the
Federal Rules of Civil Procedure.
(g) Intervention
In any action under this section, the United States or the State,
or both, if not a party may intervene as a matter of right. For
other provisions regarding intervention, see section 9613 of this
title.
(h) Other rights
This chapter does not affect or otherwise impair the rights of
any person under Federal, State, or common law, except with respect
to the timing of review as provided in section 9613(h) of this
title or as otherwise provided in section 9658 of this title
(relating to actions under State law).
(i) Definitions
The terms used in this section shall have the same meanings as
when used in subchapter I of this chapter.