§9124 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Anyone who has a real legal interest that could be harmed can sue in the U.S. District Court for the District of Columbia to get a court order to stop or fix violations of this chapter or to make the Administrator do a specific duty that is not optional. You must give notice 60 days before suing an alleged violator and the Administrator. If the Administrator or the Attorney General already started and is actively pursuing a federal civil or criminal case about the same matter, you cannot start a new suit, but you can join the government’s case. If you are suing because the Administrator failed to act, you must give the Administrator 60 days’ notice. The Administrator or the Attorney General may join any such lawsuit. The court may require a party to pay litigation costs, including reasonable lawyer and expert fees, when appropriate. This does not take away any other legal rights people may have to seek enforcement or relief.

Title 42, §9124

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

(a)Except as provided in subsection (b) of this section, any person having a valid legal interest which is or may be adversely affected may commence a civil action for equitable relief on his own behalf in the United States District Court for the District of Columbia whenever such action constitutes a case or controversy—

(1)against any person who is alleged to be in violation of any provision of this chapter or any regulation or condition of a license issued pursuant to this chapter; or

(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.

(b)No civil action may be commenced—

(1)under subsection (a)(1) of this section—

(A)prior to 60 days after the plaintiff has given notice of the violation to the Administrator and to any alleged violator; or

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

(2)under subsection (a)(2) of this section prior to 60 days after the plaintiff has given notice of such action to the Administrator.

(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 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 that 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 or to seek any other relief.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9101 of this title and Tables.

§9124 Civil actions