§ 2619. — Citizens' civil actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2619]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 2619. Citizens' civil actions
(a) In general
Except as provided in subsection (b) of this section, any person may
commence a civil action--
(1) against any person (including (A) the United States, and (B)
any other governmental instrumentality or agency to the extent
permitted by the eleventh amendment to the Constitution) who is
alleged to be in violation of this chapter or any rule promulgated
under section 2603, 2604, or 2605 of this title, or subchapter II or
IV of this chapter, or order issued under section 2604 of this title
or subchapter II or IV of this chapter to restrain such violation,
or
(2) against the Administrator to compel the Administrator to
perform any act or duty under this chapter which is not
discretionary.
Any civil action under paragraph (1) shall be brought in the United
States district court for the district in which the alleged violation
occurred or in which the defendant resides or in which the defendant's
principal place of business is located. Any action brought under
paragraph (2) shall be brought in the United States District Court for
the District of Columbia, or the United States district court for the
judicial district in which the plaintiff is domiciled. The district
courts of the United States shall have jurisdiction over suits brought
under this section, without regard to the amount in controversy or the
citizenship of the parties. In any civil action under this subsection
process may be served on a defendant in any judicial district in which
the defendant resides or may be found and subpoenas for witnesses may be
served in any judicial district.
(b) Limitation
No civil action may be commenced--
(1) under subsection (a)(1) of this section to restrain a
violation of this chapter or rule or order under this chapter--
(A) before the expiration of 60 days after the plaintiff has
given notice of such violation (i) to the Administrator, and
(ii) to the person who is alleged to have committed such
violation, or
(B) if the Administrator has commenced and is diligently
prosecuting a proceeding for the issuance of an order under
section 2615(a)(2) of this title to require compliance with this
chapter or with such rule or order or if the Attorney General
has commenced and is diligently prosecuting a civil action in a
court of the United States to require compliance with this
chapter or with such rule or order, but if such proceeding or
civil action is commenced after the giving of notice, any person
giving such notice may intervene as a matter of right in such
proceeding or action; or
(2) under subsection (a)(2) of this section before the
expiration of 60 days after the plaintiff has given notice to the
Administrator of the alleged failure of the Administrator to perform
an act or duty which is the basis for such action or, in the case of
an action under such subsection for the failure of the Administrator
to file an action under section 2606 of this title, before the
expiration of ten days after such notification.
Notice under this subsection shall be given in such manner as the
Administrator shall prescribe by rule.
(c) General
(1) In any action under this section, the Administrator, if not a
party, may intervene as a matter of right.
(2) The court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of suit and
reasonable fees for attorneys and expert witnesses if the court
determines that such an award is appropriate. Any court, in issuing its
decision in an action brought to review such an order, may award costs
of suit and reasonable fees for attorneys if the court determines that
such an award is appropriate.
(3) Nothing in this section shall restrict any right which any
person (or class of persons) may have under any statute or common law to
seek enforcement of this chapter or any rule or order under this chapter
or to seek any other relief.
(d) Consolidation
When two or more civil actions brought under subsection (a) of this
section involving the same defendant and the same issues or violations
are pending in two or more judicial districts, such pending actions,
upon application of such defendants to such actions which is made to a
court in which any such action is brought, may, if such court in its
discretion so decides, be consolidated for trial by order (issued after
giving all parties reasonable notice and opportunity to be heard) of
such court and tried in--
(1) any district which is selected by such defendant and in
which one of such actions is pending,
(2) a district which is agreed upon by stipulation between all
the parties to such actions and in which one of such actions is
pending, or
(3) a district which is selected by the court and in which one
of such actions is pending.
The court issuing such an order shall give prompt notification of the
order to the other courts in which the civil actions consolidated under
the order are pending.
(Pub. L. 94-469, title I, Sec. 20, Oct. 11, 1976, 90 Stat. 2041;
renumbered title I and amended Pub. L. 99-519, Sec. 3(b)(3), (c)(1),
Oct. 22, 1986, 100 Stat. 2989; Pub. L. 102-550, title X,
Sec. 1021(b)(9), Oct. 28, 1992, 106 Stat. 3923.)
Amendments
1992--Subsec. (a)(1). Pub. L. 102-550 substituted ``subchapter II or
IV of this chapter'' for ``subchapter II of this chapter'' in two
places.
1986--Subsec. (a)(1). Pub. L. 99-519 inserted references to
subchapter II of this chapter.
Section Referred to in Other Sections
This section is referred to in section 2647 of this title; title 42
section 4852d.
