Title 33, Navigation and Navigable WatersRelease 119-110

§1515 Citizen Civil Action

Title 33 › CHAPTER 29 — DEEPWATER PORTS › § 1515

Last updated Sep 22, 2026|Official source

Summary

Anyone can go to federal court to ask for a court order to stop or fix violations of this law or of a license under it. You can sue any person, and that includes the United States and other government agencies if the Eleventh Amendment allows it. You can also sue the Secretary of the relevant agency if the Secretary has a duty under the law that is not optional. If you sue the Secretary, you must file in the U.S. District Court for the District of Columbia or in the federal court for the appropriate nearby coastal State. Federal district courts can hear these cases no matter how much money is involved or where the parties live. Before suing, you must give notice and wait 60 days. For most suits you must notify both the Secretary and the alleged violator. If the Secretary or the Attorney General has already started and is actively pursuing a related federal civil or criminal case, you cannot start a new suit, but you can join the government’s case. Notices must follow the Secretary’s rules. The Secretary or the Attorney General can also join any private case as a right. A court may order a party to pay litigation costs, including reasonable lawyer and expert witness fees, when it thinks that is appropriate. Nothing here takes away any other legal or common-law rights people may have to seek relief.

Full Legal Text

Title 33, §1515

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Equitable relief; case or controversy; district court jurisdiction

Except as provided in subsection (b) of this section, any person may commence a civil action for equitable relief on his own behalf, whenever such action constitutes a case or controversy—

(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 any provision of this chapter or any condition of a license issued pursuant to this chapter; or

(2)against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this chapter which is not discretionary with the Secretary. Any action brought against the Secretary under this paragraph shall be brought in the district court for the District of Columbia or the district of the appropriate adjacent coastal State.

In suits brought under this chapter, the district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any provision of this chapter or any condition of a license issued pursuant to this chapter, or to order the Secretary to perform such act or duty, as the case may be.

(b)Notice; intervention of right by person

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 (i) to the Secretary and (ii) to any alleged violator; or

(B)if the Secretary 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 Secretary.

Notice under this subsection shall be given in such a manner as the Secretary shall prescribe by regulation.

(c)Intervention of right by Secretary or Attorney General

In any action under this section, the Secretary or the Attorney General, if not a party, may intervene as a matter of right.

(d)Costs of litigation; attorney and witness fees

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)Statutory or common law rights unaffected

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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 1515

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110