42 U.S.C. § 6305 — Citizen suits

(a) Civil actions; jurisdiction. Unless subsection (b) says otherwise, any person^* may bring a civil action against: (1) a manufacturer^* or private-label seller alleged to violate this part or a rule under it; (2) a Federal agency responsible under this part that allegedly failed to perform a required, nondiscretionary act or duty; or (3) the Secretary^* for allegedly failing to issue a proposed or final rule on the schedule in section 6295. A United States district court has jurisdiction without regard to the amount in dispute or the parties' citizenship. It may enforce the provision or rule or order the agency to act. The court must move cases under paragraph (3) ahead on its docket and handle them quickly. If the Secretary missed a section 6295 deadline, the court may order suitable relief, including relief ensuring compliance with later deadlines for the same covered product^*. (b) Limitation. (1) An action under subsection (a)(1) may not begin: (A) until 60 days after the plaintiff notifies the Secretary, the Commission^*, and each alleged violator; or (B) if the Commission has started and is diligently pursuing a civil action to require compliance, although anyone may intervene as of right. (2) An action under subsection (a)(2) may not begin until 60 days after the plaintiff notifies the Secretary and Commission. The Commission must set the notice method by rule. (c) Right to intervene. In an action under this section, the Secretary or Commission, or both, may intervene as of right if not already a party. (d) Award of costs. In a final order, the court may award litigation costs, including reasonable attorney and expert-witness fees, to any party when the court finds that award appropriate. (e) Other relief preserved. This section does not limit any right under statute or common law to enforce this part or its rules or seek other relief, including relief against the Secretary or Commission. (f) Good-faith compliance. A manufacturer or private-label seller that complied in good faith with a rule is not treated as violating this part merely because the rule is allegedly invalid.