33 U.S.C. § 1515 — Citizen civil action

(a) Except as subsection (b) provides, a person^* may bring an action for equitable relief on the person’s own behalf when there is a case or controversy: (1) against a person, including the United States and, to the extent the Eleventh Amendment permits, another governmental instrumentality or agency, alleged to violate this chapter or a license condition; or (2) against the Secretary^* for failing to perform a duty under this chapter that is not discretionary. An action under paragraph (2) must be filed in the District of Columbia district court or the district court of the appropriate adjacent coastal State^*. The district court has jurisdiction without regard to the amount in controversy or the parties’ citizenship to enforce this chapter or a license condition, or to order the Secretary to perform the duty. (b) No action may begin (1) under (a)(1) before 60 days after notice of the violation is given to the Secretary and the alleged violator, or if the Secretary or Attorney General has begun and is diligently prosecuting a civil or criminal action about the matter in a United States court; however, a person may intervene as of right in that action; or (2) under (a)(2) before 60 days after notice is given to the Secretary. The Secretary prescribes the notice method by regulation. (c) In any action, the Secretary or Attorney General may intervene as of right if not already a party. (d) In a final order, the court may award litigation costs, including reasonable attorney and expert-witness fees, to any party when appropriate. (e) This section does not limit any right under a statute or common law to seek enforcement or other relief.