42 U.S.C. § 8435: Citizens suits

Summary

Any person who is harmed or affected can sue the Secretary or the head of a federal agency if the agency fails to do a duty that is not optional. The person can ask a judge to order the agency to act or to stop doing something, including temporary orders. U.S. district courts can hear these cases no matter the dollar amount or where the parties live. The person must give notice to the Secretary or agency head and wait 60 calendar days before filing; the Secretary sets how to give that notice. If the Secretary is not already in the case, the Secretary may join it. A court may require a party to pay litigation costs, including reasonable lawyer and expert fees, when appropriate. These rights do not take away any other legal ways a person or group has to enforce the law or seek relief.

Title 42, §8435

The Public Health and Welfare, Source: USLM XML via OLRC

(a)General rule

Except as otherwise provided in subsection (b), any aggrieved person may commence a civil action for mandatory or prohibitive injunctive relief, including interim equitable relief, against the Secretary or the head of any Federal agency which has a responsibility under this chapter if there is an alleged failure of the Secretary or such agency head to perform any act or duty under this chapter which is not discretionary. The United States district courts shall have jurisdiction over actions brought under this section, without regard to the amount in controversy or the citizenship of the parties.

(b)Notice to Secretary or agency head

No action may be commenced under subsection (a) before the 60th calendar day after the date on which the plaintiff has given notice of such action to the Secretary or the agency head involved. Notice under this subsection shall be given in such manner as the Secretary shall prescribe by rule.

(c)Authority of Secretary to intervene

In any action brought under subsection (a), the Secretary, if not a party, may intervene as a matter of right.

(d)Costs of litigation

The court, in issuing any final order in any action brought under subsection (a), may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.

(e)Other remedies to remain available

Nothing in this section shall restrict any right which any aggrieved person (or class of aggrieved persons) may have under any statute or common law to seek enforcement of this chapter or any rule thereunder, or to seek any other relief (including relief against the Secretary or the agency head involved).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (e), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 8301 of this title and Tables.

§8435 Citizens Suits