30 USC 1427 - Civil actions

U.S Code last checked for updates: Nov 23, 2024

§ 1427.

Civil actions

(a)

Equitable relief

Except as provided in subsection (b) of this section, any person may commence a civil action for equitable relief on that person’s behalf in the United States District Court for the District of Columbia—

(1)

against any person who is alleged to be in violation of any provision of this chapter or any condition of a license or permit issued under this subchapter; or

(2)

against the Administrator when there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary,

if the person bringing the action has a valid legal interest which is or may be adversely affected by such alleged violation or failure to perform. In suits brought under this subsection, the district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce the provisions of this chapter, or any term, condition, or restriction of a license or permit issued under this subchapter, or to order the Administrator to perform such act or duty.

(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 alleged 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 the alleged violation in a court of the United States; except that in any such civil action, any person having a valid legal interest which is or may be adversely affected by the alleged violation may intervene; 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)

Costs and fees

(d)

Relationship to other law

(Pub. L. 96–283, title I, § 117, June 28, 1980, 94 Stat. 573.)

cite as: 30 USC 1427