§8435 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Anyone harmed can sue the Secretary or a federal agency head in federal district court if the agency fails to do a duty the law requires and that duty is not optional. A person can ask the court to order or stop agency actions. The court can hear the case regardless of how much money is involved or where the parties live. The plaintiff must wait until the 60th calendar day after giving notice to the Secretary or agency head as the Secretary sets. The Secretary may join the case. Courts may award litigation costs, including reasonable attorney and expert fees, to any party when appropriate. This does not limit other legal remedies to enforce the law.

Title 42, §8435

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

(a)Except as otherwise provided in subsection (b), any aggrieved person may commence a civil action for mandatory or prohibitive injunctive relief, including interim equitable relief, against the Secretary or the head of any Federal agency which has a responsibility under this chapter if there is an alleged failure of the Secretary or such agency head to perform any act or duty under this chapter which is not discretionary. The United States district courts shall have jurisdiction over actions brought under this section, without regard to the amount in controversy or the citizenship of the parties.

(b)No action may be commenced under subsection (a) before the 60th calendar day after the date on which the plaintiff has given notice of such action to the Secretary or the agency head involved. Notice under this subsection shall be given in such manner as the Secretary shall prescribe by rule.

(c)In any action brought under subsection (a), the Secretary, 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), 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 aggrieved person (or class of aggrieved persons) may have under any statute or common law to seek enforcement of this chapter or any rule thereunder, or to seek any other relief (including relief against the Secretary or the agency head involved).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (e), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 8301 of this title and Tables.

§8435 Citizens suits