
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: 42USC6395]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
                    SUBCHAPTER IV--GENERAL PROVISIONS
 
                       Part B--General Provisions
 
Sec. 6395. Enforcement


(a) Civil penalty

    Whoever violates section 6394 of this title shall be subject to a 
civil penalty of not more than $5,000 for each violation.

(b) Penalty for willful violation

    Whoever willfully violates section 6394 of this title shall be fined 
not more than $10,000 for each violation.

(c) Penalty for violation after having been subjected to civil penalty 
        for prior violation

    Any person who knowingly and willfully violates section 6394 of this 
title with respect to the sale, offer of sale, or distribution in 
commerce of a product or commodity after having been subjected to a 
civil penalty for a prior violation of section 6394 of this title with 
respect to the sale, offer of sale, or distribution in commerce of such 
product or commodity shall be fined not more than $50,000 or imprisoned 
not more than 6 months, or both.

(d) Injunction action by Attorney General

    Whenever it appears to any officer or agency of the United States in 
whom is vested, or to whom is delegated, authority under this chapter 
that any person has engaged, is engaged, or is about to engage in acts 
or practices constituting a violation of section 6394 of this title, 
such officer or agency may request the Attorney General to bring an 
action in an appropriate district court of the United States to enjoin 
such acts or practices, and upon a proper showing a temporary 
restraining order or a preliminary or permanent injunction shall be 
granted without bond. Any such court may also issue mandatory 
injunctions commanding any person to comply with any rule, regulation, 
or order described in section 6394 of this title.

(e) Private right of action

    (1) Any person suffering legal wrong because of any act or practice 
arising out of any violation of any provision of this chapter described 
in paragraph (2), may bring an action in an appropriate district court 
of the United States without regard to the amount in controversy, for 
appropriate relief, including an action for a declaratory judgment or 
writ of injunction. Nothing in this subsection shall authorize any 
person to recover damages.
    (2) The provisions of this chapter referred to in paragraph (1) are 
as follows:
        (A) Section 6262 \1\ of this title (relating to energy 
    conservation plans).
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (B) Section 6271 of this title (relating to international oil 
    allocation).
        (C) Section 6272 of this title (relating to international 
    voluntary agreements).
        (D) Section 6273 of this title (relating to advisory 
    committees).
        (E) Section 6274 of this title (relating to international 
    exchange of information).
        (F) Section 6391 of this title (relating to prohibition on 
    certain actions).

(Pub. L. 94-163, title V, Sec. 525, Dec. 22, 1975, 89 Stat. 963.)

                       References in Text

    This chapter, referred to in subsecs. (d) and (e), was in the 
original ``this Act'', meaning Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 
871, as amended, known as the Energy Policy and Conservation Act. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 6201 of this title and Tables.
    Section 6262 of this title, referred to in subsec. (e)(2)(A), was 
omitted from the Code pursuant to section 6264 of this title, which 
provided for expiration of authority under that section on June 30, 
1985.
