
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4911]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 65--NOISE CONTROL
 
Sec. 4911. Citizen suits


(a) Authority to commence suits

    Except as provided in subsection (b) of this section, any person 
(other than the United States) may commence a civil action on his own 
behalf--
        (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 any noise control requirement (as 
    defined in subsection (e) \1\ of this section), or
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    \1\ So in original. Probably should be subsection ``(f)''.
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        (2) against--
            (A) the Administrator of the Environmental Protection Agency 
        where there is alleged a failure of such Administrator to 
        perform any act or duty under this chapter which is not 
        discretionary with such Administrator, or
            (B) the Administrator of the Federal Aviation Administration 
        where there is alleged a failure of such Administrator to 
        perform any act or duty under section 44715 of title 49 which is 
        not discretionary with such Administrator.

The district courts of the United States shall have jurisdiction, 
without regard to the amount in controversy, to restrain such person 
from violating such noise control requirement or to order such 
Administrator to perform such act or duty, as the case may be.

(b) Notice

    No action may be commenced--
        (1) under subsection (a)(1) of this section--
            (A) prior to sixty days after the plaintiff has given notice 
        of the violation (i) to the Administrator of the Environmental 
        Protection Agency (and to the Federal Aviation Administrator in 
        the case of a violation of a noise control requirement under 
        such section 44715 of title 49) and (ii) to any alleged violator 
        of such requirement, or
            (B) if an Administrator has commenced and is diligently 
        prosecuting a civil action to require compliance with the noise 
        control requirement, but in any such action in a court of the 
        United States any person may intervene as a matter of right, or

        (2) under subsection (a)(2) of this section prior to sixty days 
    after the plaintiff has given notice to the defendant that he will 
    commence such action.

Notice under this subsection shall be given in such manner as the 
Administrator of the Environmental Protection Agency shall prescribe by 
regulation.

(c) Intervention

    In an action under this section, the Administrator of the 
Environmental Protection Agency, if not a party, may intervene as a 
matter of right. In an action under this section respecting a noise 
control requirement under section 44715 of title 49, the Administrator 
of the Federal Aviation Administration, if not a party, may also 
intervene as a matter of right.

(d) Litigation 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 such an award is appropriate.

(e) Other common law or statutory rights of action

    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 any noise control requirement or to seek any other relief 
(including relief against an Administrator).

(f) ``Noise control requirement'' defined

    For purposes of this section, the term ``noise control requirement'' 
means paragraph (1), (2), (3), (4), or (5) of section 4909(a) of this 
title, or a standard, rule, or regulation issued under section 4916 or 
4917 of this title or under section 44715 of title 49.

(Pub. L. 92-574, Sec. 12, Oct. 27, 1972, 86 Stat. 1243.)

                          Codification

    In subsecs. (a)(2)(B), (b)(1)(A), (c), and (f), ``section 44715 of 
title 49'' substituted for ``section 611 of the Federal Aviation Act of 
1958'' and ``such section 611'' on authority of Pub. L. 103-272, 
Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of which 
enacted subtitles II, III, and V to X of Title 49, Transportation.

                  Section Referred to in Other Sections

    This section is referred to in sections 4902, 4916, 4917 of this 
title.
