33 U.S.C. § 1910: Legal actions

Summary

People who might be hurt by actions covered by this law can sue on their own. They may sue anyone breaking the law or its rules; the Secretary or the Administrator if either fails to do a required (non‑discretionary) duty; or the Secretary of the Treasury if he fails to act under section 1908(e). A person must wait 60 days after giving written, sworn notice to the alleged violator, the Secretary or Administrator, and the Attorney General before suing, unless the Secretary or Administrator has already started enforcement and is acting diligently. Lawsuits go in federal district court in the right place: for an onshore facility or port, the district where it is located; for an offshore facility or structure under U.S. jurisdiction, the nearest district; for a ship, any district where the ship or its owner/operator can be found; or in the U.S. District Court for the District of Columbia. The court may order payment of litigation costs, including reasonable lawyer and expert fees, to any party, including the federal government. If the Secretary or the Attorney General is not already a party, the United States, through the Attorney General, may join the case.

Title 33, §1910

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(a)Persons with adversely affected interests as plaintiffs; defendants

Except as provided in subsection (b) of this section, any person having an interest which is, or can be, adversely affected, may bring an action on his own behalf—

(1)against any person alleged to be in violation of the provisions of this chapter, or regulations issued hereunder;

(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;

(3)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; or

(4)against the Secretary of the Treasury where there is alleged a failure of the Secretary of the Treasury to take action under section 1908(e) of this title.

(b)Commencement conditions

No action may be commenced under subsection (a) of this section— (1)

(2)if the Secretary or the Administrator has commenced enforcement or penalty action with respect to the alleged violation and is conducting such procedures diligently.

(c)Venue

Any suit brought under this section shall be brought—

(1)in a case concerning an onshore facility or port, in the United States district court for the judicial district where the onshore facility or port is located;

(2)in a case concerning an offshore facility or offshore structure under the jurisdiction of the United States, in the United States district court for the judicial district nearest the offshore facility or offshore structure;

(3)in a case concerning a ship, in the United States district court for any judicial district wherein the ship or its owner or operator may be found; or

(4)in any case, in the District Court for the District of Columbia.

(d)Costs; attorney fees; witness fees

The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party including the Federal Government.

(e)Federal intervention

In any action brought under this section, if the Secretary or Attorney General are not parties of record, the United States, through the Attorney General, shall have the right to intervene.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a)(3), (4). Pub. L. 110–280, § 12(1), added par. (3) and redesignated former par. (3) as (4). Subsec. (b)(1). Pub. L. 110–280, § 12(2), substituted “concerned or the Administrator,” for “concerned,”. Subsec. (b)(2). Pub. L. 110–280, § 12(3), inserted “or the Administrator” after “Secretary”.

§1910 Legal Actions

Summary

Title 33, §1910

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata