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Code · BILL · 118th Congress · S. 4307 (Introduced in Senate) — To amend the Clean Air Act, the Federal Water Pollution Control Act, and the Endangered Species Act of 1973 to modify... · Sec. 2

Sec. 2. Citizen suits

909 words·~4 min read·/bill/118/s/4307/is/section-2

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

Section 304 of the Clean Air Act ( 42 U.S.C. 7604 ) is amended— in subsection (b)— in paragraph (1)— in subparagraph (A), in the matter preceding clause (i), by striking 60 days and inserting 120 days ; and in subparagraph (B), by striking the period at the end and inserting a semicolon; in paragraph (2)— by striking 60 days and inserting 120 days ; and by striking the comma at the end and inserting ; and ; by inserting after paragraph
(2)the following: under paragraph
(1)or
(2)of subsection
(a)after the 120-day period beginning on the date on which the 120-day period described in paragraph (1)(A) or (2), as applicable, ends, ; and in the undesignated matter following paragraph
(3)(as added by subparagraph (C)), by adding at the end the following: If the 120-day period under paragraph
(3)has elapsed with respect to a notice for an action under paragraph
(1)or
(2)of subsection
(a)without commencing the action, the plaintiff may not resubmit the notice required under this section or commence the action. ; and in subsection (c), by adding at the end the following: A district court of the United States shall render a final judgment on an action under this section as expeditiously as practicable. A court of appeals of the United States shall render final judgment on an action under this section subject to its original jurisdiction or an interlocutory order or final judgment, decree, or order of a district court of the United States in an action under this section— as expeditiously as practicable; and not later than the date that is 1 year after the date on which the applicable interlocutory order or final judgment, decree, or order of the district court was issued. . Section 505 of the Federal Water Pollution Control Act ( 33 U.S.C. 1365 ) is amended— in subsection (b)— in paragraph (1)— in subparagraph (A), in the matter preceding clause (i), by striking sixty days and inserting 120 days ; and in subparagraph (B), by striking the period at the end and inserting a semicolon; in paragraph (2)— by striking sixty days and inserting 120 days ; and by striking the comma at the end and inserting ; and ; by inserting after paragraph
(2)the following: under paragraph
(1)or
(2)of subsection
(a)after the 120-day period beginning on the date on which the 120-day period described in paragraph (1)(A) or (2), as applicable, ends, ; and in the undesignated matter following paragraph
(3)(as added by subparagraph (C)), by adding at the end the following: If the 120-day period under paragraph
(3)has elapsed with respect to a notice for an action under paragraph
(1)or
(2)of subsection
(a)without commencing the action, the plaintiff may not resubmit the notice required under this section or commence the action. ; and in subsection (c), by adding at the end the following: A district court of the United States shall render a final judgment on an action under this section as expeditiously as practicable. A court of appeals of the United States shall render final judgment on an action under this section subject to its original jurisdiction or an interlocutory order or final judgment, decree, or order of a district court of the United States in an action under this section— as expeditiously as practicable; and not later than the date that is 1 year after the date on which the applicable interlocutory order or final judgment, decree, or order of the district court was issued. . Section 11(g) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(g) ) is amended— in paragraph (2)— in subparagraph (A)— in the matter preceding clause (i), by striking subparagraph (1)(A) of this section and inserting paragraph (1)(A) ; and in clause (i), by striking sixty days and inserting 120 days ; in subparagraph (B)— in the matter preceding clause (i), by striking subparagraph (1)(B) of this section and inserting paragraph (1)(B) ; and in clause (i), by striking sixty days and inserting 120 days ; in subparagraph (C), by striking subparagraph (1)(C) of this section prior to sixty days and inserting paragraph (1)(C) prior to 120 days ; and by adding at the end the following: No action may be commenced under subparagraph (A), (B), or
(C)of paragraph
(1)after the 120-day period beginning on the date on which the 120-day period described subparagraph (A)(i), (B)(i), or (C), as applicable, ends. If the 120-day period under subparagraph
(D)has elapsed with respect to a notice for an action under subparagraph (A), (B), or
(C)of paragraph
(1)without commencing the action, the plaintiff may not resubmit the notice required under this subsection or commence the action. ; and by adding at the end the following: A district court of the United States shall render a final judgment on an action under this subsection as expeditiously as practicable. A court of appeals of the United States shall render final judgment on an action under this subsection subject to its original jurisdiction or an interlocutory order or final judgment, decree, or order of a district court of the United States in an action under this subsection— as expeditiously as practicable; and not later than the date that is 1 year after the date on which the applicable interlocutory order or final judgment, decree, or order of the district court was issued. .
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