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U.S. Code as of:
01/19/04
Section 1910. Legal actions
(a) Persons with adversely affected interests as plaintiffs;
defendants
Except as provided in subsection (b) of this section, any person
having an interest which is, or can be, adversely affected, may
bring an action on his own behalf -
(1) against any person alleged to be in violation of the
provisions of this chapter, or regulations issued hereunder;
(2) against the Secretary where there is alleged a failure of
the Secretary to perform any act or duty under this chapter which
is not discretionary with the Secretary;
(3) against the Secretary of the Treasury where there is
alleged a failure of the Secretary of the Treasury to take action
under section 1908(e) of this title.
(b) Commencement conditions
No action may be commenced under subsection (a) of this section -
(1) prior to 60 days after the plaintiff has given notice, in
writing and under oath, to the alleged violator, the Secretary
concerned, and the Attorney General; or
(2) if the Secretary has commenced enforcement or penalty
action with respect to the alleged violation and is conducting
such procedures diligently.
(c) Venue
Any suit brought under this section shall be brought -
(1) in a case concerning an onshore facility or port, in the
United States district court for the judicial district where the
onshore facility or port is located;
(2) in a case concerning an offshore facility or offshore
structure under the jurisdiction of the United States, in the
United States district court for the judicial district nearest
the offshore facility or offshore structure;
(3) in a case concerning a ship, in the United States district
court for any judicial district wherein the ship or its owner or
operator may be found; or
(4) in any case, in the District Court for the District of
Columbia.
(d) Costs; attorney fees; witness fees
The court, in issuing any final order in any action brought
pursuant to this section, may award costs of litigation (including
reasonable attorney and expert witness fees) to any party including
the Federal Government.
(e) Federal intervention
In any action brought under this section, if the Secretary or
Attorney General are not parties of record, the United States,
through the Attorney General, shall have the right to intervene.
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