Sec. 403. Litigation authority
455 words·~2 min read·
/bill/118/hr/2701/ih/section-403·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If a person violates any provision of this Act or a rule or order prescribed under this Act, the Agency may commence a civil action against such person to impose a civil penalty or to seek all appropriate legal and equitable relief, including a permanent or temporary injunction as permitted by law. Except as provided in subsection (e), the Agency may act in its own name and through its own attorneys enforcing any provision of this Act or rules or orders issued pursuant to this Act or in any action, suit, or other court proceeding to which the Agency is a party.
The Agency may compromise or settle any action, suit, or other court proceeding to which the Agency is a party if such compromise is approved by the court. When commencing a civil action under this Act or regulations or rules or orders issued pursuant to this Act, the Agency shall notify the Attorney General. In addition to any notice required under paragraph (1), the Agency shall notify the Attorney General concerning any action, suit, or other court proceeding to which the Agency is a party.
In order to avoid conflicts and promote consistency regarding litigation of matters under Federal law, the Attorney General and the Agency shall consult regarding the coordination of investigations and proceedings, including by negotiating an agreement for coordination not later than 180 days after the effective date of this Act. The agreement under this subparagraph shall include provisions to ensure that parallel investigations and proceedings involving this Act and the rules prescribed under this Act are conducted in a manner that avoids conflicts and does not impede the ability of the Attorney General to prosecute violations of Federal criminal laws.
Nothing in this paragraph shall be construed to limit the authority of the Agency under this Act, including the authority to interpret this Act. The Agency may represent itself in its own name before the Supreme Court of the United States, if the Agency makes a written request to the Attorney General within the 10-day period which begins on the date of entry of the judgment which would permit any party to file a petition for writ of certiorari, and the Attorney General concurs with such request or fails to take action within 60 days of the request of the Agency.
Any civil action brought under this Act or regulations or rules or orders issued pursuant to this Act may be brought in an appropriate district court of the United States or an appropriate State court. Except as otherwise permitted by law or equity, no action may be brought under this Act more than 3 years after the date of discovery of the violation to which the action relates.