
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: 42USC6305]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
  Part A--Energy Conservation Program for Consumer Products Other Than 
                               Automobiles
 
Sec. 6305. Citizen suits


(a) Civil actions; jurisdiction

    Except as otherwise provided in subsection (b) of this section, any 
person may commence a civil action against--
        (1) any manufacturer or private labeler who is alleged to be in 
    violation of any provision of this part or any rule under this part;
        (2) any Federal agency which has a responsibility under this 
    part where there is an alleged failure of such agency to perform any 
    act or duty under this part which is not discretionary; or
        (3) the Secretary in any case in which there is an alleged 
    failure of the Secretary to comply with a nondiscretionary duty to 
    issue a proposed or final rule according to the schedules set forth 
    in section 6295 of this title.

The United States district courts shall have jurisdiction, without 
regard to the amount in controversy or the citizenship of the parties, 
to enforce such provision or rule, or order such Federal agency to 
perform such act or duty, as the case may be. The courts shall advance 
on the docket, and expedite the disposition of, all causes filed therein 
pursuant to paragraph (3) of this subsection. If the court finds that 
the Secretary has failed to comply with a deadline established in 
section 6295 of this title, the court shall have jurisdiction to order 
appropriate relief, including relief that will ensure the Secretary's 
compliance with future deadlines for the same covered product.

(b) Limitation

    No action may be commenced--
        (1) under subsection (a)(1) of this section--
            (A) prior to 60 days after the date on which the plaintiff 
        has given notice of the violation (i) to the Secretary, (ii) to 
        the Commission, and (iii) to any alleged violator of such 
        provision or rule, or
            (B) if the Commission has commenced and is diligently 
        prosecuting a civil action to require compliance with such 
        provision or rule, but, in any such action, any person may 
        intervene as a matter of right.

        (2) under subsection (a)(2) of this section prior to 60 days 
    after the date on which the plaintiff has given notice of such 
    action to the Secretary and Commission.

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

(c) Right to intervene

    In such action under this section, the Secretary or the Commission 
(or both), if not a party, may intervene as a matter of right.

(d) Award of costs of litigation

    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 award is appropriate.

(e) Preservation of other relief

    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 part or any rule thereunder, or to seek any other 
relief (including relief against the Secretary or the Commission).

(f) Compliance in good faith

    For purposes of this section, if a manufacturer or private labeler 
complied in good faith with a rule under this part, then he shall not be 
deemed to have violated any provision of this part by reason of the 
alleged invalidity of such rule.

(Pub. L. 94-163, title III, Sec. 335, Dec. 22, 1975, 89 Stat. 930; Pub. 
L. 95-619, title IV, Sec. 425(f), title VI, Sec. 691(b)(2), Nov. 9, 
1978, 92 Stat. 3266, 3288; Pub. L. 100-12, Secs. 8, 11(b)(7), Mar. 17, 
1987, 101 Stat. 122, 126.)


                               Amendments

    1987--Subsec. (a). Pub. L. 100-12, Sec. 8, added par. (3) and 
inserted at end ``The courts shall advance on the docket, and expedite 
the disposition of, all causes filed therein pursuant to paragraph (3) 
of this subsection. If the court finds that the Secretary has failed to 
comply with a deadline established in section 6295 of this title, the 
court shall have jurisdiction to order appropriate relief, including 
relief that will ensure the Secretary's compliance with future deadlines 
for the same covered product.''
    Subsecs. (b) to (f). Pub. L. 100-12, Sec. 11(b)(7), inserted 
headings for subsecs. (b) to (f).
    1978--Subsec. (a). Pub. L. 95-619, Sec. 425(f), struck out provision 
in par. (1) which excluded sections 6295 and 6302(a)(5) of this title 
and rules thereunder, struck out provision in par. (2) which excluded 
any act or duty under section 6295 or 6302(a)(5) of this title, and 
inserted provision giving district courts jurisdiction to order Federal 
agencies to perform particular acts or duties under this part.
    Subsecs. (b), (c), (e). Pub. L. 95-619, Sec. 691(b)(2), substituted 
``Secretary'' for ``Administrator'', meaning Administrator of the 
Federal Energy Administration, wherever appearing.

                  Section Referred to in Other Sections

    This section is referred to in section 6316 of this title.
