
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: 42USC8435]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
             SUBCHAPTER VII--ADMINISTRATION AND ENFORCEMENT
 
                           Part C--Enforcement
 
Sec. 8435. Citizens suits


(a) General rule

    Except as otherwise provided in subsection (b) of this section, any 
aggrieved person may commence a civil action for mandatory or 
prohibitive injunctive relief, including interim equitable relief, 
against the Secretary or the head of any Federal agency which has a 
responsibility under this chapter if there is an alleged failure of the 
Secretary or such agency head to perform any act or duty under this 
chapter which is not discretionary. The United States district courts 
shall have jurisdiction over actions brought under this section, without 
regard to the amount in controversy or the citizenship of the parties.

(b) Notice to Secretary or agency head

    No action may be commenced under subsection (a) of this section 
before the 60th calendar day after the date on which the plaintiff has 
given notice of such action to the Secretary or the agency head 
involved. Notice under this subsection shall be given in such manner as 
the Secretary shall prescribe by rule.

(c) Authority of Secretary to intervene

    In any action brought under subsection (a) of this section, the 
Secretary, if not a party, may intervene as a matter of right.

(d) Costs of litigation

    The court, in issuing any final order in any action brought under 
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) Other remedies to remain available

    Nothing in this section shall restrict any right which any aggrieved 
person (or class of aggrieved persons) may have under any statute or 
common law to seek enforcement of this chapter or any rule thereunder, 
or to seek any other relief (including relief against the Secretary or 
the agency head involved).

(Pub. L. 95-620, title VII, Sec. 725, Nov. 9, 1978, 92 Stat. 3335.)
