
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC60121]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE VIII--PIPELINES
 
                           CHAPTER 601--SAFETY
 
Sec. 60121. Actions by private persons

    (a) General Authority.--(1) A person may bring a civil action in an 
appropriate district court of the United States for an injunction 
against another person (including the United States Government and other 
governmental authorities to the extent permitted under the 11th 
amendment to the Constitution) for a violation of this chapter or a 
regulation prescribed or order issued under this chapter. However, the 
person--
        (A) may bring the action only after 60 days after the person has 
    given notice of the violation to the Secretary of Transportation or 
    to the appropriate State authority (when the violation is alleged to 
    have occurred in a State certified under section 60105 of this 
    title) and to the person alleged to have committed the violation;
        (B) may not bring the action if the Secretary or authority has 
    begun and diligently is pursuing an administrative proceeding for 
    the violation; and
        (C) may not bring the action if the Attorney General of the 
    United States, or the chief law enforcement officer of a State, has 
    begun and diligently is pursuing a judicial proceeding for the 
    violation.

    (2) The Secretary shall prescribe the way in which notice is given 
under this subsection.
    (3) The Secretary, with the approval of the Attorney General, or the 
Attorney General may intervene in an action under paragraph (1) of this 
subsection.
    (b) Costs and Fees.--The court may award costs, reasonable expert 
witness fees, and a reasonable attorney's fee to a prevailing plaintiff 
in a civil action under this section. The court may award costs to a 
prevailing defendant when the action is unreasonable, frivolous, or 
meritless. In this subsection, a reasonable attorney's fee is a fee--
        (1) based on the actual time spent and the reasonable expenses 
    of the attorney for legal services provided to a person under this 
    section; and
        (2) computed at the rate prevailing for providing similar 
    services for actions brought in the court awarding the fee.

    (c) State Violations as Violations of This Chapter.--In this 
section, a violation of a safety standard or practice of a State is 
deemed to be a violation of this chapter or a regulation prescribed or 
order issued under this chapter only to the extent the standard or 
practice is not more stringent than a comparable minimum safety standard 
prescribed under this chapter.
    (d) Additional Remedies.--A remedy under this section is in addition 
to any other remedies provided by law. This section does not restrict a 
right to relief that a person or a class of persons may have under 
another law or at common law.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1324.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
60121(a)(1)...........................  49 App.:1686(a), (b) (1st        Aug. 1
2, 1968, Pub. L. 90-481, 82 Stat.
                                         sentence).                       720, 
Sec.  19; added Oct. 11, 1976,
                                                                          Pub. 
L. 94-477, Sec.  8, 90 Stat.
                                                                          2075;
 Nov. 30, 1979, Pub. L. 96-129,
                                                                          Sec. 
 104(b), 93 Stat. 992.
                                        49 App.:2014(a), (b) (1st        Nov. 3
0, 1979, Pub. L. 96-129, Sec.
                                         sentence).                       215, 
93 Stat. 1014.
60121(a)(2)...........................  49 App.:1686(b) (last
                                         sentence).
                                        49 App.:2014(b) (last
                                         sentence).
60121(a)(3)...........................  49 App.:1686(c).
                                        49 App.:2014(c).
60121(b)..............................  49 App.:1686(e).
                                        49 App.:2014(e).
60121(c)..............................  49 App.:1686(f).
                                        49 App.:2014(f).
60121(d)..............................  49 App.:1686(d).
                                        49 App.:2014(d).
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---------------------------------

    In subsection (a)(1), before clause (A), the text of 49 App.:1686(a) 
(last sentence, words after the comma) and 2014(a) (last sentence, words 
after the comma) is omitted as surplus because the amount in controversy 
is no longer a criterion. The word ``bring'' is substituted for 
``commence'' for consistency in the revised title and with other titles 
of the United States Code. The words ``mandatory or prohibitive'', 
``including interim equitable relief'', ``State, municipality, or'', and 
``alleged to be'' are omitted as surplus. The word ``prescribed'' is 
added for consistency in the revised title and with other titles of the 
Code.
    In subsection (a)(2), the words ``by regulation'' are omitted as 
surplus because of 49:322(a).
    In subsection (a)(3), the words ``as a matter of right'' are omitted 
as surplus.
    In subsection (b), before clause (1), the words ``in the interest of 
justice'' and ``of suit, including'' are omitted as surplus. In clause 
(1), the words ``by an attorney'' and ``advice and other'' are omitted 
as surplus. The words ``provided to a person under this section'' are 
substituted for ``providing . . . in connection with representing a 
person in an action brought under this section'' to eliminate 
unnecessary words.
    In subsection (c), the word ``Federal'' is omitted as surplus. The 
words ``prescribed under this chapter'' are added for clarity.
    In subsection (d), the words ``enforcement of this chapter or any 
order or regulation under this chapter or to seek any other'' are 
omitted as surplus.

                  Section Referred to in Other Sections

    This section is referred to in section 60105 of this title.
