§2619 — Title 15 Commerce and Trade | U.S. Code

Summary

Anyone can sue in federal court to stop someone from breaking rules under this law or to force the Administrator to do an act the Administrator must do and has no choice about. "Someone" can include the United States and other government bodies, as allowed by the Eleventh Amendment. You cannot start a lawsuit to stop a violation until 60 days after you give written notice to the Administrator and to the person you say is breaking the law. You also must wait 60 days after notice before suing the Administrator to make them act, except you only have to wait 10 days if you are asking the Administrator to file a separate enforcement action. No prior notice is needed for lawsuits that ask the Administrator to make a decision under the special deadline rule, but those suits cannot be filed later than 60 days after that deadline. If the Administrator or the Attorney General already started and is actively pursuing enforcement, you may not sue to stop the same violation, but if their case starts after you gave notice, you can join it. The Administrator can join any suit as of right if not already a party. A court may order the losing side to pay court costs and reasonable attorney and expert fees when appropriate. Multiple similar lawsuits against the same defendant in different districts can be combined for trial in a single district chosen by the defendant, agreed to by all parties, or picked by the court, after giving everyone notice and a chance to be heard.

Title 15, §2619

Commerce and Trade — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), 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, or order issued under section 2603 or 2604 of this title or subchapter II or IV 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.

(b)No civil action may be commenced—

(1)under subsection (a)(1) 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;

(2)under subsection (a)(2) 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, except that no prior notification shall be required in the case of a civil action brought to compel a decision by the Administrator pursuant to section 2617(f)(3)(B) of this title; or

(3)in the case of a civil action brought to compel a decision by the Administrator pursuant to section 2617(f)(3)(B) of this title, after the date that is 60 days after the deadline specified in section 2617(f)(3)(B) of this title.

(c)(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), 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)When two or more civil actions brought under subsection (a) 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

Subsec. (a)(1). Pub. L. 114–182, § 19(n), substituted “order issued under section 2603 or 2604 of this title” for “order issued under section 2604 of this title”. Subsec. (b)(2), (3). Pub. L. 114–182, § 15, substituted “, except that no prior notification shall be required in the case of a civil action brought to compel a decision by the Administrator pursuant to section 2617(f)(3)(B) of this title; or” for period at end of par. (2) and added par. (3). 1992—Subsec. (a)(1). Pub. L. 102–550 substituted “subchapter II or IV” for “subchapter II” in two places. 1986—Subsec. (a)(1). Pub. L. 99–519 inserted references to subchapter II of this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

§2619 Citizens’ civil actions