Title 33 — Navigation and Navigable WatersRelease 119-73

§1515 Citizen civil action

Title 33 › Chapter CHAPTER 29— - DEEPWATER PORTS › § 1515

Last updated Apr 6, 2026|Official source

Summary

Anyone can file a civil lawsuit to make someone follow this law or to enforce a license condition. The suit can be against any person or government body, including the United States and agencies when allowed under the Eleventh Amendment. A person can also sue the Secretary of Commerce if the Secretary fails to do a non-discretionary duty. Suits against the Secretary must be filed in the U.S. District Court for the District of Columbia or the proper nearby coastal State court. You must wait 60 days after you give written notice to the Secretary and the alleged violator before suing. If the Secretary or the Attorney General is already suing or prosecuting the same matter in federal court, a new private suit can’t start, but people may join that government case. The Secretary or Attorney General may also join any such suit. Courts can award litigation costs, including reasonable lawyer and expert fees, when they think it is appropriate. This does not take away any other legal rights to sue under other laws.

Full Legal Text

Title 33, §1515

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Except as provided in subsection (b) of this section, any person may commence a civil action for equitable relief on his own behalf, whenever such action constitutes a case or controversy—

(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 any provision of this chapter or any condition of a license issued pursuant to this chapter; or

(2)against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this chapter which is not discretionary with the Secretary. Any action brought against the Secretary under this paragraph shall be brought in the district court for the District of Columbia or the district of the appropriate adjacent coastal State.

(b)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 (i) to the Secretary and (ii) to any alleged violator; or

(B)if the Secretary 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 Secretary.

(c)In any action under this section, the Secretary or the Attorney General, if not a party, may intervene as a matter of right.

(d)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)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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 1515

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73