Title 42 — The Public Health and WelfareRelease 119-73
§7604 Citizen suits
Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER III— - GENERAL PROVISIONS › § 7604
Summary
People can file a lawsuit to enforce clean-air rules. They may sue any person (including the United States or other government bodies when allowed by the Constitution) who is said to be violating or repeatedly violating an emission rule or an order about that rule. They may sue the EPA Administrator if the Administrator fails to do a nondiscretionary duty required by the law. They may also sue anyone who plans or builds a new or changed major pollution source without a required permit under part C or part D of subchapter I, or who violates a condition of such a permit. Before suing for a violation, the person must give 60 days’ written notice to the EPA Administrator, the State where the violation happens, and the alleged violator. If the EPA or a State is already diligently suing to fix the same violation, a private suit cannot start, though a private party may still join that federal suit. Suits about a particular stationary source must be filed where that source is located. The EPA may join the case. The plaintiff must send the complaint to the U.S. Attorney General and the Administrator. No consent judgment can be entered until 45 days after those officials get a copy. Courts can order losing parties to pay legal costs, including attorney and expert fees, and may require a bond for temporary orders. This law does not take away other enforcement rights. “Emission standard or limitation” covers things like compliance schedules, emission limits, fuel controls, permit conditions, and specific provisions such as sections 7411, 7412, 7419, 7491, 7545(e) and (f), and subchapter VI. Civil penalties normally go into a special Treasury fund for EPA use, but a court may instead order up to $100,000 to be spent on mitigation projects that improve public health or the environment after consulting the Administrator.
Full Legal Text
Title 42, §7604
The Public Health and Welfare — Source: USLM XML via OLRC
(a)Except as provided in subsection (b), any person may commence a civil action on his own behalf—
(1)against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to the Constitution) who is alleged to have violated (if there is evidence that the alleged violation has been repeated) or to be in violation of (A) an emission standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation,
(2)against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator, or
(3)against any person who proposes to construct or constructs any new or modified major emitting facility without a permit required under part C of subchapter I (relating to significant deterioration of air quality) or part D of subchapter I (relating to nonattainment) or who is alleged to have violated (if there is evidence that the alleged violation has been repeated) or to be in violation of any condition of such permit.
(b)No action may be commenced—
(1)under subsection (a)(1)—
(A)prior to 60 days after the plaintiff has given notice of the violation (i) to the Administrator, (ii) to the State in which the violation occurs, and (iii) to any alleged violator of the standard, limitation, or order, or
(B)if the Administrator or State has commenced and is diligently prosecuting a civil action in a court of the United States or a State to require compliance with the standard, limitation, or order, but in any such action in a court of the United States any person may intervene as a matter of right.11 So in original. The period probably should be “, or”.
(2)under subsection (a)(2) prior to 60 days after the plaintiff has given notice of such action to the Administrator,
(c)(1)Any action respecting a violation by a stationary source of an emission standard or limitation or an order respecting such standard or limitation may be brought only in the judicial district in which such source is located.
(2)In any action under this section, the Administrator, if not a party, may intervene as a matter of right at any time in the proceeding. A judgment in an action under this section to which the United States is not a party shall not, however, have any binding effect upon the United States.
(3)Whenever any action is brought under this section the plaintiff shall serve a copy of the complaint on the Attorney General of the United States and on the Administrator. No consent judgment shall be entered in an action brought under this section in which the United States is not a party prior to 45 days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator during which time the Government may submit its comments on the proposed consent judgment to the court and parties or 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. 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 emission standard or limitation or to seek any other relief (including relief against the Administrator or a State agency). Nothing in this section or in any other law of the United States shall be construed to prohibit, exclude, or restrict any State, local, or interstate authority from—
(1)bringing any enforcement action or obtaining any judicial remedy or sanction in any State or local court, or
(2)bringing any administrative enforcement action or obtaining any administrative remedy or sanction in any State or local administrative agency, department or instrumentality,
(f)For purposes of this section, the term “emission standard or limitation under this chapter” means—
(1)a schedule or timetable of compliance, emission limitation, standard of performance or emission standard,
(2)a control or prohibition respecting a motor vehicle fuel or fuel additive, or 22 So in original. The word “or” probably should not appear.
(3)any condition or requirement of a permit under part C of subchapter I (relating to significant deterioration of air quality) or part D of subchapter I (relating to nonattainment),,33 So in original. section 7419 of this title (relating to primary nonferrous smelter orders), any condition or requirement under an applicable implementation plan relating to transportation control measures, air quality maintenance plans, vehicle inspection and maintenance programs or vapor recovery requirements, section 7545(e) and (f) of this title (relating to fuels and fuel additives), section 7491 of this title (relating to visibility protection), any condition or requirement under subchapter VI (relating to ozone protection), or any requirement under section 7411 or 7412 of this title (without regard to whether such requirement is expressed as an emission standard or otherwise); 44 So in original. The semicolon probably should be a comma. or
(4)any other standard, limitation, or schedule established under any permit issued pursuant to subchapter V or under any applicable State implementation plan approved by the Administrator, any permit term or condition, and any requirement to obtain a permit as a condition of operations.55 So in original. The period probably should be a comma.
(g)(1)Penalties received under subsection (a) shall be deposited in a special fund in the United States Treasury for licensing and other services. Amounts in such fund are authorized to be appropriated and shall remain available until expended, for use by the Administrator to finance air compliance and enforcement activities. The Administrator shall annually report to the Congress about the sums deposited into the fund, the sources thereof, and the actual and proposed uses thereof.
(2)Notwithstanding paragraph (1) the court in any action under this subsection 66 So in original. Probably should be “this section”. to apply civil penalties shall have discretion to order that such civil penalties, in lieu of being deposited in the fund referred to in paragraph (1), be used in beneficial mitigation projects which are consistent with this chapter and enhance the public health or the environment. The court shall obtain the view of the Administrator in exercising such discretion and selecting any such projects. The amount of any such payment in any such action shall not exceed $100,000.
Legislative History
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. Codification Section was formerly classified to section 1857h–2 of this title.
Prior Provisions
A prior section 304 of act July 14, 1955, was renumbered section 311 by Pub. L. 91–604 and is classified to section 7611 of this title.
Amendments
1990—Subsec. (a). Pub. L. 101–549, § 707(a), (f), in closing provisions, inserted before period at end “, and to apply any appropriate civil penalties (except for actions under paragraph (2))” and inserted sentences at end giving courts jurisdiction to compel agency action unreasonably delayed and requiring 180 days notice prior to commencement of action. Subsec. (a)(1), (3). Pub. L. 101–549, § 707(g), inserted “to have violated (if there is evidence that the alleged violation has been repeated) or” before “to be in violation”. Subsec. (b). Pub. L. 101–549, § 302(f), substituted “section 7412(i)(3)(A) or (f)(4)” for “section 7412(c)(1)(B)” in closing provisions. Subsec. (c)(2). Pub. L. 101–549, § 707(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “In such action under this section, the Administrator, if not a party, may intervene as a matter of right.” Subsec. (c)(3). Pub. L. 101–549, § 707(d), added subsec. (c)(3). Subsec. (f)(3). Pub. L. 101–549, § 707(e), struck out “any condition or requirement of section 7413(d) of this title (relating to certain
Enforcement
orders)” before “, section 7419 of this title”, substituted “subchapter VI” for “part B of subchapter I”, and substituted “; or” for period at end. Subsec. (f)(4). Pub. L. 101–549, § 707(e), which directed that par. (4) be added at end of subsec. (f), was executed by adding par. (4) after par. (3), to reflect the probable intent of Congress. Subsec. (g). Pub. L. 101–549, § 707(b), added subsec. (g). 1977—Subsec. (a)(3). Pub. L. 95–190, § 14(a)(77), inserted “or modified” after “new”. Pub. L. 95–95, § 303(a), added subsec. (a)(3). Subsec. (e). Pub. L. 95–95, § 303(c), inserted provisions which prohibited any
Construction
of this section or any other law of the United States which would prohibit, exclude, or restrict any State, local, or interstate authority from bringing any
Enforcement
action or obtaining any judicial remedy or sanction in any State or local court against the United States or bringing any administrative
Enforcement
action or obtaining any administrative remedy or sanction against the United States in any State or local administrative agency, department, or instrumentality under State or local law. Subsec. (f)(3). Pub. L. 95–190, § 14(a)(78), inserted “, or” after “(relating to ozone protection)”, substituted “any condition or requirement under an” for “requirements under an”, and struck out “or” before “section 7491”. Pub. L. 95–95, § 303(b), added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date
of 1990 Amendment Pub. L. 101–549, title VII, § 707(g), Nov. 15, 1990, 104 Stat. 2683, provided that: “The amendment made by this subsection [amending this section] shall take effect with respect to actions brought after the date 2 years after the enactment of the Clean Air Act
Amendments
of 1990 [Nov. 15, 1990].”
Effective Date
of 1977 AmendmentAmendment by Pub. L. 95–95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. Termination of Reporting RequirementsFor termination, effective
May 15, 2000, of reporting provisions in subsec. (g)(1) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 6th item on page 165 of House Document No. 103–7. Pending Actions and ProceedingsSuits, actions, and other proceedings lawfully commenced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act
July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Pub. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 95–95, see section 406(a) of Pub. L. 95–95, set out as an
Effective Date
of 1977 Amendment note under section 7401 of this title. Modification or Rescission of Rules,
Regulations
, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other ActionsAll rules,
Regulations
, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued made, or taken by or pursuant to act
July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act
July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an
Effective Date
of 1977 Amendment note under section 7401 of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 7604
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73