42 U.S.C. § 9124: Civil actions

Summary

You can sue in federal court in Washington, D.C., if you have a real legal interest that is or may be harmed. You can sue someone you say is breaking this law, a rule made under it, or a condition of a license issued under it. You can also sue the Administrator if the Administrator fails to do a required, non-discretionary duty. Federal district courts can hear these lawsuits and enforce the law no matter how much money is involved or where the parties live. You must give notice first. You cannot start a suit about a violator until 60 days after you notify the Administrator and the alleged violator. You also must wait 60 days before suing to force the Administrator to act. If the Administrator or the Attorney General has already started and is actively pursuing a federal case about the same matter, you cannot start a new one, but you may join that case. Notices must follow the Administrator’s rules. The Administrator or the Attorney General may join any such case. A court can award litigation costs, including reasonable lawyer and expert fees, when it thinks it is appropriate. This law does not take away any other legal rights people have to seek relief under other laws or common law.

Title 42, §9124

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

(a)Jurisdiction

Except as provided in subsection (b) of this section, any person having a valid legal interest which is or may be adversely affected may commence a civil action for equitable relief on his own behalf in the United States District Court for the District of Columbia whenever such action constitutes a case or controversy—

(1)against any person who is alleged to be in violation of any provision of this chapter or any regulation or condition of a license issued pursuant to this chapter; or

(2)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.

In suits brought under this chapter, the district courts of the United States 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 regulation or term or condition of a license issued pursuant to this chapter or to order the Administrator to perform such act or duty, as the case may be.

(b)Notice

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 to the Administrator and to any alleged violator; or

(B)if the Administrator 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 Administrator.

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

(c)Right of Administrator or Attorney General to intervene

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

(d)Award of costs

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)Other remedies not restricted

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9101 of this title and Tables.

§9124 Civil Actions