Sec. 4. Actions
296 words·~1 min read·
/bill/113/s/2560/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Attorney General, on request of the Secretary, may commence a civil action in the United States district court of appropriate jurisdiction against any individual, entity, or instrumentality that may be liable under section 3 for response costs or damages. Subject to paragraph (2), the Secretary, after making a finding described in subparagraph (B), may consider, compromise, and settle a claim for response costs and damages if the claim has not been referred to the Attorney General under subsection (a). A finding referred to in subparagraph
(A)is a finding that— destruction or loss of, or injury to, a system resource has occurred; or such destruction, loss, or injury would occur absent an action by the Secretary to prevent, minimize, or abate the destruction, loss, or injury. In any case in which the total amount to be recovered in a civil action under subsection
(a)may exceed $500,000 (excluding interest), a claim may be compromised and settled under paragraph
(1)only with the prior written approval of the Attorney General. The Secretary may carry out all necessary actions (including making a request to the Attorney General to seek injunctive relief)— to prevent, minimize, or abate destruction or loss of, or injury to, a system resource; or to abate or minimize the imminent risk of such destruction, loss, or injury. The Secretary may assess and monitor the destruction or loss of, or injury to, any system resource for purposes of paragraph (1). Any determination or assessment of damage to a system resource carried out under subparagraph
(A)shall be subject to judicial review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), on the basis of the administrative record developed by the Secretary.