Sec. 406. Enforcement by States
229 words·~1 min read·
/bill/116/hr/4978/ih/section-406·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any case in which the attorney general of a State has reason to believe that an interest of the residents of such State has been or is adversely affected by any person who violates any provision of this Act or a rule or order prescribed under this Act, the attorney general of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States— to enjoin further violation of such provision by the defendant; to compel compliance with such provision; or to obtain relief under section 408.
Before initiating a civil action under subsection (a), the attorney general of a State shall notify the Agency in writing of such civil action. Upon receiving notice with respect to a civil action, the Agency may— intervene in such action; and upon intervening— be heard on all matters arising in such civil action; and file petitions for appeal of a decision in such action. If the Agency institutes a civil action for violation of any provision of this Act or a rule or order prescribed under this Act, no attorney general of a State may bring a civil action against any defendant named in the complaint of the Agency for a violation of such provision that is alleged in such complaint.