§6305 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Anyone can file a lawsuit against a manufacturer or private labeler for breaking rules under this part, against a federal agency that failed to do a required (non‑discretionary) duty under this part, or against the Secretary if the Secretary failed to issue a proposed or final rule on the timetable in section 6295. Before suing a manufacturer or private labeler, the person must wait 60 days after giving notice to the Secretary, the Commission, and the alleged violator. The same 60‑day notice to the Secretary and the Commission is required before suing a federal agency. If the Commission has already started and is actively prosecuting the same matter, a new suit is barred but a person may join that case. The Secretary or the Commission may join any such suit. A court may order payment of litigation costs, including reasonable attorney and expert witness fees, when appropriate. These rights do not replace any other legal rights a person may have. If a manufacturer or private labeler acted in good faith following a rule, they are not treated as violating the part just because the rule is later found invalid.

Title 42, §6305

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

(a)Except as otherwise provided in subsection (b), any person may commence a civil action against—

(1)any manufacturer or private labeler who is alleged to be in violation of any provision of this part or any rule under this part;

(2)any Federal agency which has a responsibility under this part where there is an alleged failure of such agency to perform any act or duty under this part which is not discretionary; or

(3)the Secretary in any case in which there is an alleged failure of the Secretary to comply with a nondiscretionary duty to issue a proposed or final rule according to the schedules set forth in section 6295 of this title.

(b)No action may be commenced—

(1)under subsection (a)(1)—

(A)prior to 60 days after the date on which the plaintiff has given notice of the violation (i) to the Secretary, (ii) to the Commission, and (iii) to any alleged violator of such provision or rule, or

(B)if the Commission has commenced and is diligently prosecuting a civil action to require compliance with such provision or rule, but, in any such action, any person may intervene as a matter of right.

(2)under subsection (a)(2) prior to 60 days after the date on which the plaintiff has given notice of such action to the Secretary and Commission.

(c)In such action under this section, the Secretary or the Commission (or both), 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 such 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 this part or any rule thereunder, or to seek any other relief (including relief against the Secretary or the Commission).

(f)For purposes of this section, if a manufacturer or private labeler complied in good faith with a rule under this part, then he shall not be deemed to have violated any provision of this part by reason of the alleged invalidity of such rule.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Subsec. (a). Pub. L. 100–12, § 8, added par. (3) and inserted at end “The courts shall advance on the docket, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the Secretary has failed to comply with a deadline established in section 6295 of this title, the court shall have jurisdiction to order appropriate relief, including relief that will ensure the Secretary’s compliance with future deadlines for the same covered product.” Subsecs. (b) to (f). Pub. L. 100–12, § 11(b)(7), inserted headings for subsecs. (b) to (f). 1978—Subsec. (a). Pub. L. 95–619, § 425(f), struck out provision in par. (1) which excluded section 6295 and 6302(a)(5) of this title and rules thereunder, struck out provision in par. (2) which excluded any act or duty under section 6295 or 6302(a)(5) of this title, and inserted provision giving district courts jurisdiction to order Federal agencies to perform particular acts or duties under this part. Subsecs. (b), (c), (e). Pub. L. 95–619, § 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.

§6305 Citizen suits

Summary

Title 42, §6305

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata