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33 U.S.C. § 466g–1Controversies involving construction or application of interstate compacts and pollution of waters

submitted 64 years ago by Pub. L. 87-830 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 454 words · no verdicts yet

in plain englishAI-generated · not legal advice

District courts can hear water-pollution compact cases, along with the Supreme Court or similar courts. A signing state must be a plaintiff, and there's no minimum dollar amount or residency requirement. But a state can't sue its own citizens, and suits may be filed where the pollution occurred.

(a) Jurisdiction of actions by States: U.S. district courts have original jurisdiction — meaning they can be the first court to hear the case — over any dispute that meets four conditions: (1) it involves interpreting or applying an interstate compact that (A) relates, in whole or part, to pollution of an interstate river system, and (B) the compact says the signing states agree they can be sued in a district court over that compact; (2) it involves pollution of that river system in violation of the compact; (3) at least one of the states that signed the compact is a plaintiff; and (4) it falls within the judicial power the Constitution gives federal courts. This jurisdiction exists alongside — not instead of — jurisdiction the Supreme Court or any other court already has over such matters. (b) Amount in controversy; residence, situs or citizenship; nature, character, or legal status of parties: District courts have this jurisdiction with no minimum dollar amount required, and without regard to where any party lives or is based, or the nature or legal status of any party — except the signatory state or states named as plaintiffs. However, this section does not let a state sue its own citizens in these courts. (c) Suits between States signatory to interstate compact: This jurisdiction includes, but isn't limited to, lawsuits between states that signed the same interstate compact. But it does not let a state sue another state that didn't sign that compact. (d) Venue: The case can be filed wherever the law normally allows. In addition, it may be filed in any judicial district where the pollution actually happened, or any part of it happened, no matter where any of the parties live or are based.
the actual law source: uscode.house.gov ↗public domain
(a) Jurisdiction of actions by States

The United States district courts shall have original jurisdiction (concurrent with that of the Supreme Court of the United States, and concurrent with that of any other court of the United States or of any State of the United States in matters in which the Supreme Court, or any other court, has original jurisdiction) of any case or controversy—

(1)

which involves the construction or application of an interstate compact which (A) in whole or in part relates to the pollution of the waters of an interstate river system or any portion thereof, and (B) expresses the consent of the States signatory to said compact to be sued in a district court in any case or controversy involving the application or construction thereof; and

(2)

which involves pollution of the waters of such river system, or any portion thereof, alleged to be in violation of the provisions of said compact; and

(3)

in which one or more of the States signatory to said compact is a plaintiff or plaintiffs; and

(4)

which is within the judicial power of the United States as set forth in the Constitution of the United States.

(b) Amount in controversy; residence, situs or citizenship; nature, character, or legal status of parties

The district courts shall have original jurisdiction of a case or controversy such as is referred to in subsection (a) of this section, without any requirement, limitation, or regard as to the sum or value of the matter in controversy, or of the place of residence or situs or citizenship, or of the nature, character, or legal status, of any of the proper parties plaintiff or defendant in said case or controversy other than the signatory State or States plaintiff or plaintiffs referred to in paragraph (3) of subsection (a) of this section: Provided, That nothing in this section shall be construed as authorizing a State to sue its own citizens in said courts.

(c) Suits between States signatory to interstate compact

The original jurisdiction conferred upon the district courts by this section shall include, but not be limited to, suits between States signatory to such interstate compact: Provided, That nothing in this section shall be construed as authorizing a State to sue another State which is not a signatory to such compact in said courts.

(d) Venue

The venue of such case or controversy shall be as prescribed by law: Provided, That in addition thereto, such case or controversy may be brought in in any judicial district in which the acts of pollution complained of, or any portion thereof, occur, regardless of the place or places of residence, or situs, of any of the parties plaintiff or defendant.

Source credit: (Pub. L. 87–830, § 1, Oct. 15, 1962, 76 Stat. 957.)

history & why it existsrecord from the source credit
  • 1962Enacted · Pub. L. 87-830 · 76 Stat. 957

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-830 on 1962-10-15.

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