Sec. 5. Citizen suits
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Section 19 of the Animal Welfare Act ( 7 U.S.C. 2149 ), as amended by section 3, is further amended by adding at the end the following new subsection: Except as provided in paragraph (2), any person may commence a civil suit on his own behalf to enjoin any person, including the United States and 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 provision of this Act or regulation issued under the authority thereof.
The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any such provision or regulation or to order the Secretary to perform such act or duty, as the case may be. No action may be commenced under paragraph (1)— prior to sixty days after written notice of the violation has been given to the Secretary, and to any alleged violator of any such provision or regulation; and if the United States has commenced and is diligently prosecuting a criminal action in a court of the United States to redress a violation of any such provision or regulation.
Any suit under this subsection may be brought in the judicial district in which the violation occurs. In any such suit under this subsection in which the United States is not a party, the Attorney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right. The court, in issuing any final order in any suit brought pursuant to paragraph (1), may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
The injunctive relief provided by this subsection shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Secretary or a State agency). .
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U.S. Code