
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC2619]

 
                      TITLE 15--COMMERCE AND TRADE
 
                  CHAPTER 53--TOXIC SUBSTANCES CONTROL
 
                SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
 
Sec. 2619. Citizens' civil actions


(a) In general

    Except as provided in subsection (b) of this section, any person may 
commence a civil action--
        (1) against any person (including (A) the United States, and (B) 
    any other governmental instrumentality or agency to the extent 
    permitted by the eleventh amendment to the Constitution) who is 
    alleged to be in violation of this chapter or any rule promulgated 
    under section 2603, 2604, or 2605 of this title, or subchapter II or 
    IV of this chapter, or order issued under section 2604 of this title 
    or subchapter II or IV of this chapter to restrain such violation, 
    or
        (2) against the Administrator to compel the Administrator to 
    perform any act or duty under this chapter which is not 
    discretionary.

Any civil action under paragraph (1) shall be brought in the United 
States district court for the district in which the alleged violation 
occurred or in which the defendant resides or in which the defendant's 
principal place of business is located. Any action brought under 
paragraph (2) shall be brought in the United States District Court for 
the District of Columbia, or the United States district court for the 
judicial district in which the plaintiff is domiciled. The district 
courts of the United States shall have jurisdiction over suits brought 
under this section, without regard to the amount in controversy or the 
citizenship of the parties. In any civil action under this subsection 
process may be served on a defendant in any judicial district in which 
the defendant resides or may be found and subpoenas for witnesses may be 
served in any judicial district.

(b) Limitation

    No civil action may be commenced--
        (1) under subsection (a)(1) of this section to restrain a 
    violation of this chapter or rule or order under this chapter--
            (A) before the expiration of 60 days after the plaintiff has 
        given notice of such violation (i) to the Administrator, and 
        (ii) to the person who is alleged to have committed such 
        violation, or
            (B) if the Administrator has commenced and is diligently 
        prosecuting a proceeding for the issuance of an order under 
        section 2615(a)(2) of this title to require compliance with this 
        chapter or with such rule or order or if the Attorney General 
        has commenced and is diligently prosecuting a civil action in a 
        court of the United States to require compliance with this 
        chapter or with such rule or order, but if such proceeding or 
        civil action is commenced after the giving of notice, any person 
        giving such notice may intervene as a matter of right in such 
        proceeding or action; or

        (2) under subsection (a)(2) of this section before the 
    expiration of 60 days after the plaintiff has given notice to the 
    Administrator of the alleged failure of the Administrator to perform 
    an act or duty which is the basis for such action or, in the case of 
    an action under such subsection for the failure of the Administrator 
    to file an action under section 2606 of this title, before the 
    expiration of ten days after such notification.

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

(c) General

    (1) In any action under this section, the Administrator, if not a 
party, may intervene as a matter of right.
    (2) The court, in issuing any final order in any action brought 
pursuant to subsection (a) of this section, may award costs of suit and 
reasonable fees for attorneys and expert witnesses if the court 
determines that such an award is appropriate. Any court, in issuing its 
decision in an action brought to review such an order, may award costs 
of suit and reasonable fees for attorneys if the court determines that 
such an award is appropriate.
    (3) 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 of this chapter or any rule or order under this chapter 
or to seek any other relief.

(d) Consolidation

    When two or more civil actions brought under subsection (a) of this 
section involving the same defendant and the same issues or violations 
are pending in two or more judicial districts, such pending actions, 
upon application of such defendants to such actions which is made to a 
court in which any such action is brought, may, if such court in its 
discretion so decides, be consolidated for trial by order (issued after 
giving all parties reasonable notice and opportunity to be heard) of 
such court and tried in--
        (1) any district which is selected by such defendant and in 
    which one of such actions is pending,
        (2) a district which is agreed upon by stipulation between all 
    the parties to such actions and in which one of such actions is 
    pending, or
        (3) a district which is selected by the court and in which one 
    of such actions is pending.

The court issuing such an order shall give prompt notification of the 
order to the other courts in which the civil actions consolidated under 
the order are pending.

(Pub. L. 94-469, title I, Sec. 20, Oct. 11, 1976, 90 Stat. 2041; 
renumbered title I and amended Pub. L. 99-519, Sec. 3(b)(3), (c)(1), 
Oct. 22, 1986, 100 Stat. 2989; Pub. L. 102-550, title X, 
Sec. 1021(b)(9), Oct. 28, 1992, 106 Stat. 3923.)


                               Amendments

    1992--Subsec. (a)(1). Pub. L. 102-550 substituted ``subchapter II or 
IV of this chapter'' for ``subchapter II of this chapter'' in two 
places.
    1986--Subsec. (a)(1). Pub. L. 99-519 inserted references to 
subchapter II of this chapter.

                  Section Referred to in Other Sections

    This section is referred to in section 2647 of this title; title 42 
section 4852d.
