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30 U.S.C. § 1427 — Civil actions

submitted 46 years ago by Pub. L. 96-283 to r/title-30-MINERAL-LANDS-AND-MINING · 417 words · no verdicts yet

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This section authorizes civil actions to enforce specified requirements under the chapter. It addresses who may sue, notice, court costs and fees, and the relationship to other law.

(a) Equitable relief Except as provided in subsection (b) of this section, any person may commence a civil action for equitable relief on that person’s behalf in the United States District Court for the District of Columbia— (1) against any person who is alleged to be in violation of any provision of this chapter or any condition of a license or permit issued under this subchapter; or (2) against the Administrator when there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary, if the person bringing the action has a valid legal interest which is or may be adversely affected by the alleged violation or failure to perform. In suits brought under this subsection, the district court must have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce the provisions of this chapter, or any term, condition, or restriction of a license or permit issued under this subchapter, or to order the Administrator to perform the act or duty. (b) Notice No civil action may be commenced— (1) under subsection (a)(1) of this section— (A) before 60 days after the plaintiff has given notice of the alleged 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 for the alleged violation in a court of the United States; except that in any the civil action, any person having a valid legal interest which is or may be adversely affected by the alleged violation may intervene; or (2) under subsection (a)(2) of this section, before 60 days after the plaintiff has given notice of the action to the Administrator. Notice under this subsection must be given in the a manner as the Administrator must prescribe by regulation. (c) Costs and fees The court, in issuing any final order in any action brought under 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 the an award is appropriate. (d) Relationship to other law Nothing in this section must restrict the rights which any person or class of persons may have under other law to seek enforcement or to seek any other relief. All vessel safety and environmental requirements of or under this chapter must be in addition to other requirements of law.

the actual law source: uscode.house.gov ↗public domain
(a) Equitable relief

Except as provided in subsection (b) of this section, any person may commence a civil action for equitable relief on that person’s behalf in the United States District Court for the District of Columbia—

(1)

against any person who is alleged to be in violation of any provision of this chapter or any condition of a license or permit issued under this subchapter; or

(2)

against the Administrator when there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary,

if the person bringing the action has a valid legal interest which is or may be adversely affected by such alleged violation or failure to perform. In suits brought under this subsection, the district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce the provisions of this chapter, or any term, condition, or restriction of a license or permit issued under this subchapter, or to order the Administrator to perform such act or duty.

(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 alleged 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 the alleged violation in a court of the United States; except that in any such civil action, any person having a valid legal interest which is or may be adversely affected by the alleged violation may intervene; 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) Costs and fees

The court, in issuing any final order in any action brought under 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.

(d) Relationship to other law

Nothing in this section shall restrict the rights which any person or class of persons may have under other law to seek enforcement or to seek any other relief. All vessel safety and environmental requirements of or under this chapter shall be in addition to other requirements of law.

Source credit: (Pub. L. 96–283, title I, § 117, June 28, 1980, 94 Stat. 573.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-283 · 94 Stat. 573

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-283 on 1980-06-28.

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