
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: 42USC9659]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
                SUBCHAPTER III--MISCELLANEOUS PROVISIONS
 
Sec. 9659. Citizens suits


(a) Authority to bring civil actions

    Except as provided in subsections (d) and (e) of this section and in 
section 9613(h) of this title (relating to timing of judicial review), 
any person may commence a civil action on his own behalf--
        (1) against any person (including the United States and 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 standard, regulation, condition, 
    requirement, or order which has become effective pursuant to this 
    chapter (including any provision of an agreement under section 9620 
    of this title, relating to Federal facilities); or
        (2) against the President or any other officer of the United 
    States (including the Administrator of the Environmental Protection 
    Agency and the Administrator of the ATSDR) where there is alleged a 
    failure of the President or of such other officer to perform any act 
    or duty under this chapter, including an act or duty under section 
    9620 of this title (relating to Federal facilities), which is not 
    discretionary with the President or such other officer.

Paragraph (2) shall not apply to any act or duty under the provisions of 
section 9660 of this title (relating to research, development, and 
demonstration).

(b) Venue

                 (1) Actions under subsection (a)(1)

        Any action under subsection (a)(1) of this section shall be 
    brought in the district court for the district in which the alleged 
    violation occurred.

                 (2) Actions under subsection (a)(2)

        Any action brought under subsection (a)(2) of this section may 
    be brought in the United States District Court for the District of 
    Columbia.

(c) Relief

    The district court shall have jurisdiction in actions brought under 
subsection (a)(1) of this section to enforce the standard, regulation, 
condition, requirement, or order concerned (including any provision of 
an agreement under section 9620 of this title), to order such action as 
may be necessary to correct the violation, and to impose any civil 
penalty provided for the violation. The district court shall have 
jurisdiction in actions brought under subsection (a)(2) of this section 
to order the President or other officer to perform the act or duty 
concerned.

(d) Rules applicable to subsection (a)(1) actions

                             (1) Notice

        No action may be commenced under subsection (a)(1) of this 
    section before 60 days after the plaintiff has given notice of the 
    violation to each of the following:
            (A) The President.
            (B) The State in which the alleged violation occurs.
            (C) Any alleged violator of the standard, regulation, 
        condition, requirement, or order concerned (including any 
        provision of an agreement under section 9620 of this title).

    Notice under this paragraph shall be given in such manner as the 
    President shall prescribe by regulation.

                      (2) Diligent prosecution

        No action may be commenced under paragraph (1) of subsection (a) 
    of this section if the President has commenced and is diligently 
    prosecuting an action under this chapter, or under the Solid Waste 
    Disposal Act [42 U.S.C. 6901 et seq.] to require compliance with the 
    standard, regulation, condition, requirement, or order concerned 
    (including any provision of an agreement under section 9620 of this 
    title).

(e) Rules applicable to subsection (a)(2) actions

    No action may be commenced under paragraph (2) of subsection (a) of 
this section before the 60th day following the date on which the 
plaintiff gives notice to the Administrator or other department, agency, 
or instrumentality that the plaintiff will commence such action. Notice 
under this subsection shall be given in such manner as the President 
shall prescribe by regulation.

(f) Costs

    The court, in issuing any final order in any action brought pursuant 
to this section, may award costs of litigation (including reasonable 
attorney and expert witness fees) to the prevailing or the substantially 
prevailing party whenever the court determines such an award is 
appropriate. The court may, if a temporary restraining order or 
preliminary injunction is sought, require the filing of a bond or 
equivalent security in accordance with the Federal Rules of Civil 
Procedure.

(g) Intervention

    In any action under this section, the United States or the State, or 
both, if not a party may intervene as a matter of right. For other 
provisions regarding intervention, see section 9613 of this title.

(h) Other rights

    This chapter does not affect or otherwise impair the rights of any 
person under Federal, State, or common law, except with respect to the 
timing of review as provided in section 9613(h) of this title or as 
otherwise provided in section 9658 of this title (relating to actions 
under State law).

(i) Definitions

    The terms used in this section shall have the same meanings as when 
used in subchapter I of this chapter.

(Pub. L. 96-510, title III, Sec. 310, as added Pub. L. 99-499, title II, 
Sec. 206, Oct. 17, 1986, 100 Stat. 1703.)

                       References in Text

    The Solid Waste Disposal Act, referred to in subsec. (d)(2), is 
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended 
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which 
is classified generally to chapter 82 (Sec. 6901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 6901 of this title and Tables.
    The Federal Rules of Civil Procedure, referred to in subsec. (f), 
are set out in the Appendix to Title 28, Judiciary and Judicial 
Procedure.

                  Section Referred to in Other Sections

    This section is referred to in section 9613 of this title.
