§9659 Citizens Suits

Summary

Anyone can sue in federal court to enforce the cleanup rules and orders in this law. A person can sue anyone who is breaking a rule, order, condition, or agreement under the law — including the United States and federal agencies, as allowed by the Eleventh Amendment. A person can also sue the President or another federal officer if that officer refuses to do a specific, non-discretionary duty required by the law. You cannot use that second kind of suit to force action under the law’s research and development rules. Suits against a violator must be filed in the federal district where the violation happened. Suits to force a federal officer may be filed in the U.S. District Court for the District of Columbia. Before suing, the person must give 60 days’ written notice. For violations, notice must go to the President, the State where the violation happened, and the alleged violator. For officer-duty suits, notice must go to the agency head. The notice must follow the President’s rules. If the President has already started and is diligently prosecuting the matter, a private suit is barred. Courts can order fixes, impose penalties, make officers act, award litigation costs (including reasonable attorney and expert fees) to the winner or near-winner, and may require a bond for temporary orders. The United States or a State can join the case as a right if not already a party. Other legal rights remain in place, and key terms keep the same meanings as earlier in the law.