
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: 42USC9124]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 99--OCEAN THERMAL ENERGY CONVERSION
 
 SUBCHAPTER I--REGULATION OF OCEAN THERMAL ENERGY CONVERSION FACILITIES 
                             AND PLANTSHIPS
 
Sec. 9124. Civil actions


(a) Jurisdiction

    Except as provided in subsection (b) of this section, any person 
having a valid legal interest which is or may be adversely affected may 
commence a civil action for equitable relief on his own behalf in the 
United States District Court for the District of Columbia whenever such 
action constitutes a case or controversy--
        (1) against any person who is alleged to be in violation of any 
    provision of this chapter or any regulation or condition of a 
    license issued pursuant to this chapter; or
        (2) against the Administrator where there is alleged a failure 
    of the Administrator to perform any act or duty under this chapter 
    which is not discretionary.

In suits brought under this chapter, the district courts of the United 
States shall have jurisdiction, without regard to the amount in 
controversy or the citizenship of the parties, to enforce any provision 
of this chapter or any regulation or term or condition of a license 
issued pursuant to this chapter or to order the Administrator to perform 
such act or duty, as the case may be.

(b) Notice

    No civil action may be commenced--
        (1) under subsection (a)(1) of this section--
            (A) prior to 60 days after the plaintiff has given notice of 
        the violation to the Administrator and to any alleged violator; 
        or
            (B) if the Administrator or the Attorney General has 
        commenced and is diligently prosecuting a civil or criminal 
        action with respect to such matters in a court of the United 
        States, but in any such action any person may intervene as a 
        matter of right; or

        (2) under subsection (a)(2) of this section prior to 60 days 
    after the plaintiff has given notice of such action to the 
    Administrator.

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

(c) Right of Administrator or Attorney General to intervene

    In any action under this section, the Administrator or the Attorney 
General, if not a party, may intervene as a matter of right.

(d) Award of 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 that such an award is appropriate.

(e) Other remedies not restricted

    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 or to seek any other relief.

(Pub. L. 96-320, title I, Sec. 114, Aug. 3, 1980, 94 Stat. 990.)
