§300j–8 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Anyone can file a lawsuit to enforce rules under this law. A person can sue another person or a government agency (including the United States, as allowed by the Eleventh Amendment). A person can sue the Administrator if the Administrator fails to do a non-discretionary duty. A person can also sue to collect a penalty from a federal agency that has not paid within 18 months after a final order to pay. You must give notice and wait 60 days before suing in most cases. For rule violations, tell the Administrator, the alleged violator, and the State where the violation happens, then wait 60 days. If the Administrator, the Attorney General, or the State is already actively suing in federal court, a private suit on that same matter cannot proceed, but anyone may join that government case. For Administrator-failure claims, give the Administrator 60 days’ notice. For collecting penalties from a federal agency, notify the Attorney General and the agency and wait 60 days. The Administrator or the Attorney General may join any such lawsuit. Courts may order payment of legal costs, including reasonable attorney and expert fees, and may require a bond for temporary or preliminary relief. These rules do not take away other rights to enforce the law, and they do not stop state or local governments from bringing their own court or administrative actions.

Title 42, §300j–8

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Except as provided in subsection (b) of this section, any person may commence a civil action on his own behalf—

(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 requirement prescribed by or under this subchapter;

(2)against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this subchapter which is not discretionary with the Administrator; or

(3)for the collection of a penalty by the United States Government (and associated costs and interest) against any Federal agency that fails, by the date that is 18 months after the effective date of a final order to pay a penalty assessed by the Administrator under section 300h–8(b) 11 So in original. Probably should be section “300j–6(b)”. of this title, to pay the penalty.

(b)No civil action may be commenced—

(1)under subsection (a)(1) of this section respecting violation of a requirement prescribed by or under this subchapter—

(A)prior to sixty days after the plaintiff has given notice of such violation (i) to the Administrator, (ii) to any alleged violator of such requirement and (iii) to the State in which the violation occurs, or

(B)if the Administrator, the Attorney General, or the State has commenced and is diligently prosecuting a civil action in a court of the United States to require compliance with such requirement, but in any such action in a court of the United States any person may intervene as a matter of right; or

(2)under subsection (a)(2) of this section prior to sixty days after the plaintiff has given notice of such action to the Administrator; or

(3)under subsection (a)(3) prior to 60 days after the plaintiff has given notice of such action to the Attorney General and to the Federal agency.

(c)In any action under this section, the Administrator 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 under subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any 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.

(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 of any requirement prescribed by or under this subchapter or to seek any other relief. Nothing in this section or in any other law of the United States shall be construed to prohibit, exclude, or restrict any State or local government from—

(1)bringing any action or obtaining any remedy or sanction in any State or local court, or

(2)bringing any administrative action or obtaining any administrative remedy or sanction,

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments

1996—Subsec. (a)(3). Pub. L. 104–182, § 129(b)(1), added par. (3). Subsec. (b)(3). Pub. L. 104–182, § 129(b)(2), added par. (3). 1977—Subsec. (e). Pub. L. 95–190 inserted provisions relating to suits by State or local governments for

Enforcement

of safe drinking water, etc., requirements.

§300j–8 Citizen’s civil action