42 U.S.C. § 300aa–31: Citizen’s actions

Summary

Any person can sue the Secretary in a U.S. federal district court if the Secretary fails to do a required duty under this part. Before filing the lawsuit, the person must give the Secretary written notice saying they plan to sue and wait 60 days. If the plaintiff substantially wins on one or more important issues, the court may order the Secretary to pay litigation costs, including reasonable lawyer and expert witness fees.

Title 42, §300aa–31

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(a)General rule

Except as provided in subsection (b), any person may commence in a district court of the United States a civil action on such person’s own behalf against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this part.

(b)Notice

No action may be commenced under subsection (a) before the date which is 60 days after the person bringing the action has given written notice of intent to commence such action to the Secretary.

(c)Costs of litigation

The court, in issuing any final order in any action under this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any plaintiff who substantially prevails on one or more significant issues in the action.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Subsec. (c). Pub. L. 100–203, which directed that subsec. (c) be amended by substituting “to any plaintiff who substantially prevails on one or more significant issues in the action” for “to any party, whenever the court determines that such award is appropriate”, was executed by making the substitution for “to any party, whenever the court determines such award is appropriate”, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date

Subpart effective Dec. 22, 1987, see section 323 of Pub. L. 99–660, set out as a note under section 300aa–1 of this title.

§300aa–31 Citizen’s Actions