PRIA, Government Policy, Made Personal

Summary

Anyone who might be hurt or harmed by a surface coal mining action can sue to force people or agencies to follow the rules. You can sue the United States, a government agency, another person, the Secretary, or a state regulatory agency, but only as allowed by the Eleventh Amendment. Federal district courts can hear these cases no matter how much money is involved or where the parties live. Before suing about a violation, you must give written notice to the Secretary, the State where the problem is, and the alleged violator and wait 60 days, unless the government already started a timely court case (then you may be able to join). For failures to act by the Secretary or state, you must give 60 days’ notice to them, unless there is an immediate threat to health, safety, or legal rights. Cases must be filed in the federal district where the mining is located. The court can let the Secretary or state join, can award legal costs and fees, may require a bond for temporary orders, and this right does not replace other legal remedies. People harmed in person or property can sue for damages (including fees) in the same district, but this does not change state workers’ compensation rules.

Title 30, §1270

Mineral Lands and Mining, Source: USLM XML via OLRC

(a)Civil action to compel compliance with this chapter

Except as provided in subsection (b) of this section, any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this chapter—

(1)against the United States or any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution which is alleged to be in violation of the provisions of this chapter or of any rule, regulation, order or permit issued pursuant thereto, or against any other person who is alleged to be in violation of any rule, regulation, order or permit issued pursuant to this subchapter; or

(2)against the Secretary or the appropriate State regulatory authority to the extent permitted by the eleventh amendment to the Constitution where there is alleged a failure of the Secretary or the appropriate State regulatory authority to perform any act or duty under this chapter which is not discretionary with the Secretary or with the appropriate State regulatory authority.

The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties.

(b)Limitation on bringing of action

No action may be commenced—

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

(A)prior to sixty days after the plaintiff has given notice in writing of the violation (i) to the Secretary, (ii) to the State in which the violation occurs, and (iii) to any alleged violator; or

(B)if the Secretary or the 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 provisions of this chapter, or any rule, regulation, order, or permit issued pursuant to this chapter, but in any such action in a court of the United States any person may intervene as a matter of right; or

(2)under subsection (a)(2) of this section prior to sixty days after the plaintiff has given notice in writing of such action to the Secretary, in such manner as the Secretary shall by regulation prescribe, or to the appropriate State regulatory authority, except that such action may be brought immediately after such notification in the case where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.

(c)Venue; intervention

(1)Any action respecting a violation of this chapter or the regulations thereunder may be brought only in the judicial district in which the surface coal mining operation complained of is located.

(2)In such action under this section, the Secretary, or the State regulatory authority, if not a party, may intervene as a matter of right.

(d)Costs; filing of bonds

The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including 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)Effect on other enforcement methods

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 of the provisions of this chapter and the regulations thereunder, or to seek any other relief (including relief against the Secretary or the appropriate State regulatory authority).

(f)Action for damages

Any person who is injured in his person or property through the violation by any operator of any rule, regulation, order, or permit issued pursuant to this chapter may bring an action for damages (including reasonable attorney and expert witness fees) only in the judicial district in which the surface coal mining operation complained of is located. Nothing in this subsection shall affect the rights established by or limits imposed under State Workmen’s Compensation laws.

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.

§1270 Citizens Suits

Summary

Title 30, §1270

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata