42 U.S.C. § 9124 : US Code - Section 9124: Civil actions

Search 42 U.S.C. § 9124 : US Code - Section 9124: Civil actions

(a) Jurisdiction
Except as provided in subsection (b) of this section, any person
having a valid legal interest which is or may be adversely affected
may commence a civil action for equitable relief on his own behalf
in the United States District Court for the District of Columbia
whenever such action constitutes a case or controversy -
(1) against any person who is alleged to be in violation of any
provision of this chapter or any regulation or condition of a
license issued pursuant to this chapter; or
(2) against the Administrator where there is alleged a failure
of the Administrator to perform any act or duty under this
chapter which is not discretionary.
In suits brought under this chapter, the district courts of the
United States shall have jurisdiction, without regard to the amount
in controversy or the citizenship of the parties, to enforce any
provision of this chapter or any regulation or term or condition of
a license issued pursuant to this chapter or to order the
Administrator to perform such act or duty, as the case may be.
(b) Notice
No civil action may be commenced -
(1) under subsection (a)(1) of this section -
(A) prior to 60 days after the plaintiff has given notice of
the violation to the Administrator and to any alleged violator;
or
(B) if the Administrator or the Attorney General has
commenced and is diligently prosecuting a civil or criminal
action with respect to such matters in a court of the United
States, but in any such action any person may intervene as a
matter of right; or
(2) under subsection (a)(2) of this section prior to 60 days
after the plaintiff has given notice of such action to the
Administrator.
Notice under this subsection shall be given in such a manner as the
Administrator shall prescribe by regulation.
(c) Right of Administrator or Attorney General to intervene
In any action under this section, the Administrator or the
Attorney General, if not a party, may intervene as a matter of
right.
(d) Award of costs
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 that such an award is
appropriate.
(e) Other remedies not restricted
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 or to seek any other relief.