§4911 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Anyone except the United States can file a civil lawsuit on their own behalf to stop someone from breaking noise rules or to make the head of the EPA or the head of the FAA do a non‑optional duty. The suit can be against any person, including the United States or other government agencies if allowed by the Eleventh Amendment. You must give 60 days’ notice before suing for a violation: tell the EPA head (and the FAA head if the FAA rule is involved) and the alleged violator. You also must give 60 days’ notice before suing an agency head for failure to act. If an agency already started a diligent enforcement case, you cannot start a new one but you may join it. The EPA or FAA head may join as a matter of right if not already a party. Courts can order payment of litigation costs, including reasonable attorney and expert fees, when appropriate. This does not remove other legal rights to enforce noise rules. “Noise control requirement” means paragraphs (1)–(5) of section 4909(a), or rules under sections 4916 or 4917, or under section 44715 of title 49.

Title 42, §4911

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

(a)Except as provided in subsection (b), any person (other than the United States) 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 noise control requirement (as defined in subsection (e) 11 So in original. Probably should be subsection “(f)”.), or

(2)against—

(A)the Administrator of the Environmental Protection Agency where there is alleged a failure of such Administrator to perform any act or duty under this chapter which is not discretionary with such Administrator, or

(B)the Administrator of the Federal Aviation Administration where there is alleged a failure of such Administrator to perform any act or duty under section 44715 of title 49 which is not discretionary with such Administrator.

(b)No action may be commenced—

(1)under subsection (a)(1)—

(A)prior to sixty days after the plaintiff has given notice of the violation (i) to the Administrator of the Environmental Protection Agency (and to the Federal Aviation Administrator in the case of a violation of a noise control requirement under such section 44715 of title 49) and (ii) to any alleged violator of such requirement, or

(B)if an Administrator has commenced and is diligently prosecuting a civil action to require compliance with the noise control 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) prior to sixty days after the plaintiff has given notice to the defendant that he will commence such action.

(c)In an action under this section, the Administrator of the Environmental Protection Agency, if not a party, may intervene as a matter of right. In an action under this section respecting a noise control requirement under section 44715 of title 49, the Administrator of the Federal Aviation Administration, if not a party, may also 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 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 of any noise control requirement or to seek any other relief (including relief against an Administrator).

(f)For purposes of this section, the term “noise control requirement” means paragraph (1), (2), (3), (4), or (5) of section 4909(a) of this title, or a standard, rule, or regulation issued under section 4916 or 4917 of this title or under section 44715 of title 49.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsecs. (a)(2)(B), (b)(1)(A), (c), and (f), “section 44715 of title 49” substituted for “section 611 of the Federal Aviation Act of 1958” and “such section 611” on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

§4911 Citizen suits

Summary

Title 42, §4911

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata