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49 U.S.C. § 60120Enforcement

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 298 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General can sue in federal court to enforce pipeline safety laws and orders. Courts can grant injunctions, punitive damages, and civil penalties with no dollar cap. This section does not change anyone's liability for related tort claims.

(a) Civil Actions. (1) Civil Actions To Enforce This Chapter. At the Secretary of Transportation's request, the Attorney General can sue in a U.S. district court to enforce this chapter — including section 60112 — or a regulation or order issued under it. The court can grant relief such as a temporary or permanent injunction, punitive damages, and civil penalties, using the same factors the Secretary would use in an administrative penalty case under section 60122. But the dollar caps that apply to administrative penalties under section 60122 do not apply to penalties a court awards in this kind of lawsuit. (2) Civil Actions To Require Compliance With Subpoenas or Allow Inspections. At the Secretary's request, the Attorney General can also sue to make someone obey a subpoena immediately, or to let a Secretary-authorized officer, employee, or agent enter the person's property to inspect records and check compliance. This suit can be filed where the defendant lives, is found, or does business. A court can treat disobeying its order as contempt of court. (b) Jury Trial Demand. If someone is tried for criminal contempt for violating a court injunction issued under this section — where that violation is also a violation of this chapter — the defendant can demand a jury trial, following Rule 42(b) of the Federal Rules of Criminal Procedure. (c) Effect on Tort Liability. This chapter does not change anyone's liability under tort law.
the actual law source: uscode.house.gov ↗public domain
(a)Civil Actions.—
(1)Civil actions to enforce this chapter.—

At the request of the Secretary of Transportation, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter, including section 60112, or a regulation prescribed or order issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties, considering the same factors as prescribed for the Secretary in an administrative case under section 60122. The maximum amount of civil penalties for administrative enforcement actions under section 60122 shall not apply to enforcement actions under this section.

(2)Civil actions to require compliance with subpoenas or allow for inspections.—

At the request of the Secretary, the Attorney General may bring a civil action in a district court of the United States to require a person to comply immediately with a subpena or to allow an officer, employee, or agent authorized by the Secretary to enter the premises, and inspect the records and property, of the person to decide whether the person is complying with this chapter. The action may be brought in the judicial district in which the defendant resides, is found, or does business. The court may punish a failure to obey the order as a contempt of court.

(b)Jury Trial Demand.—

In a trial for criminal contempt for violating an injunction issued under this section, the violation of which is also a violation of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).

(c)Effect on Tort Liability.—

This chapter does not affect the tort liability of any person.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1323; Pub. L. 107–355, § 8(b)(3), Dec. 17, 2002, 116 Stat. 2993; Pub. L. 112–90, § 2(c), Jan. 3, 2012, 125 Stat. 1905.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1323
  • 2002Amended · Pub. L. 107-355 · 116 Stat. 2993
  • 2012Amended · Pub. L. 112-90 · 125 Stat. 1905

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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