49 U.S.C. § 15904 — Rights and remedies of persons injured by pipeline carriers

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 460 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person hurt because a pipeline carrier disobeys a Board order can sue to enforce it. Carriers are liable for overcharges above the approved rate and for damages caused by breaking the rules. When the Board awards damages, a court can enforce payment if the carrier does not pay, and the winning person can recover reasonable attorney's fees.

(a) Enforcement of Orders: If a pipeline carrier does not obey a Board order — except one requiring payment of money — a person hurt by that disobedience may sue in civil court to force compliance. (b) Liability of Carrier: (1) A carrier is liable to a person for any amount charged that is more than the rate that actually applies to that transportation. (2) A carrier is also liable for damages a person suffers because the carrier did something, or failed to do something, that violates this part. (c) Complaints: (1) A person may either file a complaint with the Board under section 15901(b), or sue directly under (b) to enforce the carrier's liability. (2) When the Board awards damages under (b), it must order the carrier to pay by a specific date. The Board can only order damages if the case started as a complaint. If the carrier does not pay by that date, the person who is owed the money may sue to enforce the Board's payment order. (d) Civil Actions: (1) If someone sues under (b) to enforce a Board order requiring a carrier to pay damages, the actual text of the Board's order must be included in the lawsuit. Both federal district courts and state courts of general jurisdiction can hear these cases. The Board's findings and order count as solid evidence of the facts they describe. A federal lawsuit is tried in the district where the person suing lives, or where the carrier's main office is located. The person suing is only responsible for court costs that come from an appeal that person files. (2) The court must award reasonable attorney's fees as part of the damages the carrier owes, and must count those fees as part of the case's costs.

the actual law source: uscode.house.gov ↗public domain

(a)Enforcement of Orders.—

A person injured because a pipeline carrier providing transportation or service subject to this part does not obey an order of the Board, except an order for the payment of money, may bring a civil action to enforce that order under this subsection.

(b)Liability of Carrier.—

(1)Excessive charges.—

A pipeline carrier providing transportation subject to this part is liable to a person for amounts charged that exceed the applicable rate for the transportation.

(2)Damages.—

A pipeline carrier providing transportation subject to this part is liable for damages sustained by a person as a result of an act or omission of that carrier in violation of this part.

(c)Complaints.—

(1)Filing.—

A person may file a complaint with the Board under section 15901(b) or bring a civil action under subsection (b) to enforce liability against a pipeline carrier providing transportation subject to this part.

(2)Payment deadline.—

When the Board makes an award under subsection (b), the Board shall order the carrier to pay the amount awarded by a specific date. The Board may order a carrier providing transportation subject to this part to pay damages only when the proceeding is on complaint. The person for whose benefit an order of the Board requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the carrier does not pay the amount awarded by the date payment was ordered to be made.

(d)Civil Actions.—

(1)Complaint.—

When a person begins a civil action under subsection (b) to enforce an order of the Board requiring the payment of damages by a pipeline carrier providing transportation subject to this part, the text of the order of the Board must be included in the complaint. In addition to the district courts of the United States, a State court of general jurisdiction having jurisdiction of the parties has jurisdiction to enforce an order under this paragraph. The findings and order of the Board are competent evidence of the facts stated in them. Trial in a civil action brought in a district court of the United States under this paragraph is in the judicial district in which the plaintiff resides or in which the principal operating office of the carrier is located. In a civil action under this paragraph, the plaintiff is liable for only those costs that accrue on an appeal taken by the plaintiff.

(2)Attorney’s fees.—

The district court shall award a reasonable attorney’s fee as a part of the damages for which a carrier is found liable under this subsection. The district court shall tax and collect that fee as a part of the costs of the action.

Source credit: (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 927; amended Pub. L. 105–102, § 2(15), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–225, § 7(b)(2), Aug. 12, 1998, 112 Stat. 1511.)

history & why it existsrecord from the source credit

1995Enacted · Pub. L. 104-88 · 109 Stat. 927
1997Amended · Pub. L. 105-102 · 111 Stat. 2205
1998Amended · Pub. L. 105-225 · 112 Stat. 1511

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.

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