§1910 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Anyone whose interests are or could be harmed can sue. They can sue a person who breaks the rules, the Secretary or the Administrator if they fail to do a required (non-optional) duty, or the Secretary of the Treasury for not acting under section 1908(e). Before suing, the person must give written, sworn notice and wait 60 days, unless the Secretary or Administrator has already started enforcement and is actively handling the matter. Cases must be filed in federal district court: where an onshore facility or port is, in the district nearest an offshore facility, in any district where a ship or its owner/operator can be found, or in the U.S. District Court for the District of Columbia. The court can order payment of legal costs (including reasonable lawyer and expert fees) to any party, including the federal government. If the Secretary or the Attorney General are not named in the case, the United States (through the Attorney General) can join.

Title 33, §1910

Navigation and Navigable Waters — Source: USLM XML via OLRC

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

(1)prior to 60 days after the plaintiff has given notice, in writing and under oath, to the alleged violator, the Secretary concerned or the Administrator, and the Attorney General; or

(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)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)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)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