Sec. 144. Citizens suits
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/bill/113/hr/2467/ih/section-144A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (b), any person may commence a civil action on his or her own behalf to compel compliance— against any person (including the Secretary or the Secretary of Agriculture) who is alleged to be in violation of any of the provisions of this title or any regulation promulgated pursuant to subtitle C of this title or any term or condition of any permit issued under subtitle C of this title; or against the Secretary or the Secretary of Agriculture where there is alleged a failure of such Secretary to perform any act or duty under this title, or to promulgate any regulation under this title, which is not within the discretion of the Secretary concerned.
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, including actions brought to apply any civil penalty under this title. The district courts of the United States shall have jurisdiction to compel agency action unreasonably delayed. No action may be commenced under subsection
(a)before the end of the 60-day period beginning on the date the plaintiff has given notice in writing of such alleged violation to the alleged violator and the Secretary, or for National Forest System lands the Secretary of Agriculture, except that any such action may be brought immediately after such notification if the violation complained of constitutes an imminent threat to the environment or to the health or safety of the public. No action may be brought against any person other than the Secretary or the Secretary of Agriculture under subsection (a)(1) if such Secretary has commenced and is diligently prosecuting a civil or criminal action in a court of the United States to require compliance. No action may be commenced under paragraph
(2)of subsection
(a)against either Secretary to review any rule promulgated by, or to any permit issued or denied by such Secretary if such rule or permit issuance or denial is judicially reviewable under any provision of law at any time after such promulgation, issuance, or denial is final. Venue of all actions brought under this section shall be determined in accordance with section 1391 of title 28, United States Code. The court, in issuing any final order in any action brought pursuant to this section may award costs of litigation (including attorney and expert witness fees) to any prevailing or substantially prevailing party whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. Nothing in this section shall restrict any right which any person (or class of persons) may have under chapter 7 of title 5, United States Code, under this section, or under any other statute or common law to bring an action to seek any relief against the Secretary or the Secretary of Agriculture or against any other person, including any action for any violation of this title or of any regulation or permit issued under this title or for any failure to act as required by law. Nothing in this section shall affect the jurisdiction of any court under any provision of title 28, United States Code, including any action for any violation of this title or of any regulation or permit issued under this title or for any failure to act as required by law.