|
U.S. Code as of:
01/19/04
Section 4911. Citizen suits
(a) Authority to commence suits
Except as provided in subsection (b) of this section, any person
(other than the United States) may commence a civil action on his
own behalf -
(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 any noise control
requirement (as defined in subsection (e) )1(! of this section),
or
(2) against -
(A) the Administrator of the Environmental Protection Agency
where there is alleged a failure of such Administrator to
perform any act or duty under this chapter which is not
discretionary with such Administrator, or
(B) the Administrator of the Federal Aviation Administration
where there is alleged a failure of such Administrator to
perform any act or duty under section 44715 of title 49 which
is not discretionary with such Administrator.
The district courts of the United States shall have jurisdiction,
without regard to the amount in controversy, to restrain such
person from violating such noise control requirement or to order
such Administrator to perform such act or duty, as the case may be.
(b) Notice
No action may be commenced -
(1) under subsection (a)(1) of this section -
(A) prior to sixty days after the plaintiff has given notice
of the violation (i) to the Administrator of the Environmental
Protection Agency (and to the Federal Aviation Administrator in
the case of a violation of a noise control requirement under
such section 44715 of title 49) and (ii) to any alleged
violator of such requirement, or
(B) if an Administrator has commenced and is diligently
prosecuting a civil action to require compliance with the noise
control requirement, but in any such action in a court of the
United States any person may intervene as a matter of right, or
(2) under subsection (a)(2) of this section prior to sixty days
after the plaintiff has given notice to the defendant that he
will commence such action.
Notice under this subsection shall be given in such manner as the
Administrator of the Environmental Protection Agency shall
prescribe by regulation.
(c) Intervention
In an action under this section, the Administrator of the
Environmental Protection Agency, if not a party, may intervene as a
matter of right. In an action under this section respecting a noise
control requirement under section 44715 of title 49, the
Administrator of the Federal Aviation Administration, if not a
party, may also intervene as a matter of right.
(d) Litigation costs
The court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of
litigation (including reasonable attorney and expert witness fees)
to any party, whenever the court determines such an award is
appropriate.
(e) Other common law or statutory rights of action
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 any noise control requirement or to seek any
other relief (including relief against an Administrator).
(f) "Noise control requirement" defined
For purposes of this section, the term "noise control
requirement" means paragraph (1), (2), (3), (4), or (5) of section
4909(a) of this title, or a standard, rule, or regulation issued
under section 4916 or 4917 of this title or under section 44715 of
title 49.
|
|