Sec. 9. Implied rights of action and common law claims

228 words·~1 min read·/bill/116/s/2236/is/section-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 505 of the Federal Water Pollution Control Act ( 33 U.S.C. 1365 ) is amended by adding at the end the following: In this subsection: The term covered Act means— this Act; the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq.); the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq.); the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1401 et seq.); the Safe Drinking Water Act ( 42 U.S.C. 300f et seq.); the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.); the Clean Air Act ( 42 U.S.C. 7401 et seq.); the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.); and any other Act administered by the Administrator.

The term covered Act includes any provision of an Act described in subparagraph

(A)the date of enactment of which is after the date of enactment of this subsection, unless that provision is specifically excluded from this subsection. Nothing in a covered Act precludes the right to bring an action— under section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ); or that is implied under— a covered Act; or common law. Nothing in this section precludes the right to bring an action under any provision of law that is not a covered Act. .

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