PRIA, Government Policy, Made Personal

Summary

People can bring a federal lawsuit when someone breaks the rules of this law or an order made under it. You can sue the person or group who broke the rule (this can include the United States or a government agency when allowed). You can also sue the Administrator to force them to do a duty that they are required to do and which is not up to their choice. If you sue over a violation, file in the federal district where the violation happened or where the defendant lives or has its main business. If you sue the Administrator, file in the District of Columbia or where you live. Federal courts can hear these cases no matter how much money is involved or where the people live. Defendants can be served and witnesses subpoenaed in any district where they live or can be found. You usually must give notice first and wait before suing. To stop a violation, you must wait 60 days after telling both the Administrator and the alleged violator, unless the Administrator or the Attorney General is already suing to force compliance (if they start after your notice, you can join their case). To force the Administrator to act, you normally wait 60 days after telling them, except you wait only 10 days if the complaint is that the Administrator failed to file an action under section 2606, and no prior notice is needed for lawsuits to force a decision under section 2617(f)(3)(B). The Administrator may join the case if not already involved. Courts may award costs and reasonable attorney and expert fees when appropriate. People still keep any other legal rights to enforce the law. If similar lawsuits against the same defendant are filed in different districts, a court can consolidate them and order the trial in one district chosen by the defendant, agreed to by the parties, or picked by the court, and must notify the other courts.

Title 15, §2619

Commerce and Trade, Source: USLM XML via OLRC

(a)In general

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

(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 this chapter or any rule promulgated under section 2603, 2604, or 2605 of this title, or subchapter II or IV, or order issued under section 2603 or 2604 of this title or subchapter II or IV to restrain such violation, or

(2)against the Administrator to compel the Administrator to perform any act or duty under this chapter which is not discretionary.

Any civil action under paragraph (1) shall be brought in the United States district court for the district in which the alleged violation occurred or in which the defendant resides or in which the defendant’s principal place of business is located. Any action brought under paragraph (2) shall be brought in the United States District Court for the District of Columbia, or the United States district court for the judicial district in which the plaintiff is domiciled. The district courts of the United States shall have jurisdiction over suits brought under this section, without regard to the amount in controversy or the citizenship of the parties. In any civil action under this subsection process may be served on a defendant in any judicial district in which the defendant resides or may be found and subpoenas for witnesses may be served in any judicial district.

(b)Limitation

No civil action may be commenced—

(1)under subsection (a)(1) to restrain a violation of this chapter or rule or order under this chapter—

(A)before the expiration of 60 days after the plaintiff has given notice of such violation (i) to the Administrator, and (ii) to the person who is alleged to have committed such violation, or

(B)if the Administrator has commenced and is diligently prosecuting a proceeding for the issuance of an order under section 2615(a)(2) of this title to require compliance with this chapter or with such rule or order or if the Attorney General has commenced and is diligently prosecuting a civil action in a court of the United States to require compliance with this chapter or with such rule or order, but if such proceeding or civil action is commenced after the giving of notice, any person giving such notice may intervene as a matter of right in such proceeding or action;

(2)under subsection (a)(2) before the expiration of 60 days after the plaintiff has given notice to the Administrator of the alleged failure of the Administrator to perform an act or duty which is the basis for such action or, in the case of an action under such subsection for the failure of the Administrator to file an action under section 2606 of this title, before the expiration of ten days after such notification, except that no prior notification shall be required in the case of a civil action brought to compel a decision by the Administrator pursuant to section 2617(f)(3)(B) of this title; or

(3)in the case of a civil action brought to compel a decision by the Administrator pursuant to section 2617(f)(3)(B) of this title, after the date that is 60 days after the deadline specified in section 2617(f)(3)(B) of this title.

Notice under this subsection shall be given in such manner as the Administrator shall prescribe by rule.

(c)General

(1)In any action under this section, the Administrator, if not a party, may intervene as a matter of right.

(2)The court, in issuing any final order in any action brought pursuant to subsection (a), may award costs of suit and reasonable fees for attorneys and expert witnesses if the court determines that such an award is appropriate. Any court, in issuing its decision in an action brought to review such an order, may award costs of suit and reasonable fees for attorneys if the court determines that such an award is appropriate.

(3)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 chapter or any rule or order under this chapter or to seek any other relief.

(d)Consolidation

When two or more civil actions brought under subsection (a) involving the same defendant and the same issues or violations are pending in two or more judicial districts, such pending actions, upon application of such defendants to such actions which is made to a court in which any such action is brought, may, if such court in its discretion so decides, be consolidated for trial by order (issued after giving all parties reasonable notice and opportunity to be heard) of such court and tried in— (1)

(2)a district which is agreed upon by stipulation between all the parties to such actions and in which one of such actions is pending, or

(3)a district which is selected by the court and in which one of such actions is pending.

The court issuing such an order shall give prompt notification of the order to the other courts in which the civil actions consolidated under the order are pending.

Notes & Related Subsidiaries

Editorial Notes

Amendments

Subsec. (a)(1). Pub. L. 114–182, § 19(n), substituted “order issued under section 2603 or 2604 of this title” for “order issued under section 2604 of this title”. Subsec. (b)(2), (3). Pub. L. 114–182, § 15, substituted “, except that no prior notification shall be required in the case of a civil action brought to compel a decision by the Administrator pursuant to section 2617(f)(3)(B) of this title; or” for period at end of par. (2) and added par. (3). 1992—Subsec. (a)(1). Pub. L. 102–550 substituted “subchapter II or IV” for “subchapter II” in two places. 1986—Subsec. (a)(1). Pub. L. 99–519 inserted references to subchapter II of this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

§2619 Citizens’ Civil Actions