§1270 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

Anyone who may be harmed or have their interests hurt can file a civil lawsuit to make people or agencies follow the surface coal mining rules. They may sue the United States or other government agencies or private parties alleged to break the rules, and they may sue the Secretary or the State regulator if those officials fail to do a non‑optional duty. Suits against government bodies are allowed only as far as the Eleventh Amendment permits. Before suing a violator, the person must give written notice to the Secretary, the State where the problem is, and the alleged violator and wait 60 days. If the Secretary or State has already started a vigorous enforcement case in court, a new suit is barred, but anyone can join that federal case. A suit against the Secretary or State also needs 60 days’ written notice in the form the Secretary requires, unless the violation is an imminent danger to health or safety or immediately harms a legal interest; then a suit can start right away. Lawsuits must be filed in the federal district where the surface coal mining operation is located. The Secretary or State may join the case as of right if they are not already parties. Courts can order the losing side to pay litigation costs, including attorney and expert fees, and may require a bond for temporary relief. This right to sue does not take away other legal remedies people already have. Anyone injured in person or property by an operator’s violation may sue for damages (including fees) only in the district where the operation is located; this does not change state workers’ compensation rules.

Title 30, §1270

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)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.

(b)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)(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)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)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)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

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