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42 U.S.C. § 7603Emergency powers

submitted 71 years ago by Pub. L. 91-604 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 258 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the EPA Administrator learns that a pollution source poses an immediate, serious danger to health, welfare, or the environment, the Administrator can sue in federal court to stop it, or issue an emergency order directly if a lawsuit would be too slow. Any such order lasts 60 days unless the Administrator sues within that time, which extends it 14 more days or longer if the court allows.

Regardless of any other provision of this chapter, if the Administrator receives evidence that a pollution source or combination of sources — including moving sources — is presenting an imminent and substantial danger to public health, welfare, or the environment, the Administrator may sue on behalf of the United States in the appropriate federal district court to immediately stop anyone causing or adding to that pollution from emitting the pollutants involved, or to make them take other necessary action. If a lawsuit cannot practically give prompt enough protection, the Administrator may instead issue whatever orders are necessary to protect public health, welfare, or the environment. Before taking any action under this section, the Administrator must consult with the relevant state and local authorities and try to confirm the accuracy of the information the proposed action is based on. Any order the Administrator issues under this section takes effect immediately and stays in effect for no more than 60 days, unless the Administrator files a lawsuit under the first sentence of this section before that period ends. If the Administrator does sue within the 60-day period, the order stays in effect for 14 more days, or longer if the court authorizes it.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding any other provision of this chapter, the Administrator, upon receipt of evidence that a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to public health or welfare, or the environment, may bring suit on behalf of the United States in the appropriate United States district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such a civil action, the Administrator may issue such orders as may be necessary to protect public health or welfare or the environment. Prior to taking any action under this section, the Administrator shall consult with appropriate State and local authorities and attempt to confirm the accuracy of the information on which the action proposed to be taken is based. Any order issued by the Administrator under this section shall be effective upon issuance and shall remain in effect for a period of not more than 60 days, unless the Administrator brings an action pursuant to the first sentence of this section before the expiration of that period. Whenever the Administrator brings such an action within the 60-day period, such order shall remain in effect for an additional 14 days or for such longer period as may be authorized by the court in which such action is brought.

Source credit: (July 14, 1955, ch. 360, title III, § 303, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1705; amended Pub. L. 95–95, title III, § 302(a), Aug. 7, 1977, 91 Stat. 770; Pub. L. 101–549, title VII, § 704, Nov. 15, 1990, 104 Stat. 2681.)

history & why it existsrecord from the source credit
  • 1955Enacted · Pub. L. 91-604 · 84 Stat. 1705
  • 1977Amended · Pub. L. 95-95 · 91 Stat. 770
  • 1990Amended · Pub. L. 101-549 · 104 Stat. 2681

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-604 on 1955-07-14.

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