42 U.S.C. § 8435 — Citizens suits
submitted 48 years ago by Pub. L. 95-620 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 280 words · no verdicts yet
Any harmed person can sue over an agency's failure to do a required duty. They must first give the Secretary or agency 60 days' notice. Courts can award litigation costs, and other legal remedies still remain available.
(a) General rule. Except as subsection (b) limits, any "aggrieved" (harmed) person* can file a civil lawsuit seeking an injunction, including temporary relief, against the Secretary* or the head of any federal agency that has a duty under this chapter, if that Secretary or agency head has allegedly failed to perform a required, non-discretionary act or duty under this chapter. U.S. district courts have jurisdiction over these suits regardless of the dollar amount involved or where the parties are from.
(b) Notice requirement. Before filing suit under subsection (a), the person must give notice of the planned lawsuit to the Secretary or the relevant agency head, and must wait until at least the 60th day after giving that notice. The Secretary sets by rule how that notice must be given.
(c) Secretary can intervene. In any suit filed under subsection (a), the Secretary, if not already a party, has the right to join the case.
(d) Litigation costs. When issuing a final order in one of these suits, the court can award litigation costs (including reasonable attorney and expert-witness fees) to any party, whenever the court thinks that's appropriate.
(e) Other remedies remain available. Nothing in this section limits any other right a harmed person (or group of them) might have, under other statutes or common law, to enforce this chapter or its rules, or to seek other relief, including relief against the Secretary or agency head.
Except as otherwise provided in subsection (b), any aggrieved person* may commence a civil action for mandatory or prohibitive injunctive relief, including interim equitable relief, against the Secretary* or the head of any Federal agency which has a responsibility under this chapter if there is an alleged failure of the Secretary or such agency head to perform any act or duty under this chapter which is not discretionary. The United States district courts shall have jurisdiction over actions brought under this section, without regard to the amount in controversy or the citizenship of the parties.
No action may be commenced under subsection (a) before the 60th calendar day after the date on which the plaintiff has given notice of such action to the Secretary or the agency head involved. Notice under this subsection shall be given in such manner as the Secretary shall prescribe by rule.
In any action brought under subsection (a), the Secretary, if not a party, may intervene as a matter of right.
The court, in issuing any final order in any action brought under subsection (a), may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
Nothing in this section shall restrict any right which any aggrieved person (or class of aggrieved persons) may have under any statute or common law to seek enforcement of this chapter or any rule thereunder, or to seek any other relief (including relief against the Secretary or the agency head involved).
Source credit: (Pub. L. 95–620, title VII, § 725, Nov. 9, 1978, 92 Stat. 3335.)
- 1978Enacted · Pub. L. 95-620 · 92 Stat. 3335
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-620 on 1978-11-09.
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