Sec. 108. Citizen suits
886 words·~4 min read·
/bill/119/s/4153/is/section-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsections
(b)and (c), any person may commence a civil action on their own behalf against— any manufacturer or user subject to the requirements of this title (including a manufacturer, user, the United States, and, to the extent permitted by the 11th Amendment of the Constitution of the United States, any other governmental instrumentality or agency) that is alleged to be in violation of any standard, regulation, condition, requirement, prohibition, schedule, deadline, or order under this title; any manufacturer or user subject to the requirements of this title (including the United States and, to the extent permitted by the 11th Amendment of the Constitution of the United States, any other governmental instrumentality or agency) that is using a perfluoroalkyl or polyfluoroalkyl substance that may present an imminent and substantial endangerment to human health or the environment; or the Administrator, if the Administrator is alleged to have failed to perform any act or duty under this title that is not discretionary. An action brought under subparagraph
(A)or
(B)of paragraph
(1)shall be brought in the district court for the district in which the alleged violation or endangerment occurred. An action brought under paragraph (1)(C) may be brought in— the United States district court for the district in which the alleged violation occurred; or the United States District Court for the District of Columbia. A district court described in subparagraph
(A)shall have jurisdiction— with respect to an action described in paragraph (1)(A), to enforce the standard, regulation, condition, requirement, prohibition, schedule, deadline, or order described in that paragraph; with respect to an action described in paragraph (1)(B), to order a person described in that paragraph— to refrain from the use of the perfluoroalkyl or polyfluoroalkyl substance that may be contributing to the imminent and substantial endangerment; to take any action as may be necessary to prevent the imminent and substantial endangerment described in that paragraph; or to carry out any combination of actions described in subclauses
(I)and (II); with respect to an action described in paragraph (1)(C), to order the Administrator to perform the act or duty referred to in that paragraph; and with respect to any action described in paragraph (1), to apply any appropriate civil remedy under this title. No action may be brought under subsection (a)(1)(A) unless, not less than 60 days before the date on which the action is brought, notice of the violation of the standard, regulation, condition, requirement, prohibition, schedule, deadline, or order for which the action would be brought is provided to— the Administrator; the State in which the alleged violation occurred; and except as provided in clause (ii), the alleged violator of the applicable standard, regulation, condition, requirement, prohibition, schedule, deadline, or order. Notwithstanding clause (i)(III), an action may be brought under subsection (a)(1)(A) immediately after the notice described in that clause is provided to the alleged violator if the action is for a violation of this title. No action may be brought under subsection (a)(1)(A) if the Administrator or a State has commenced and is diligently prosecuting a civil or criminal action in a court of the United States or a State to require compliance with the standard, regulation, condition, requirement, prohibition, schedule, deadline, or order for which the action under subsection (a)(1)(A) would be brought. In an action under brought under subsection (a)(1)(A) in a court of the United States, any person may intervene as a matter of right. No action may be brought under subsection (a)(1)(B) unless, not less than 90 days before the date on which the action is brought, notice of the imminent and substantial endangerment to human health or the environment is provided to— the Administrator; the State in which the endangerment may occur; and the person that is alleged to be contributing to the use of the perfluoroalkyl or polyfluoroalkyl substance causing the endangerment. No action may be commenced under subsection (a)(1)(B) if the Administrator, in order to restrain or abate acts or conditions that may have contributed or are contributing to the activities which may present the alleged endangerment, has commenced and is diligently acting on an authority provided under an applicable law. In an action brought under subsection (a)(1)(B) in a court of the United States, any person may intervene as a matter of right. A person bringing an action under subsection (a)(1)(B) in a court of the United States shall serve a copy of the complaint on— the Attorney General; and the Administrator. No action may be brought under subsection (a)(1)(C) unless, not less than 60 days before the date on which the action is brought, the person bringing the action has given notice to the Administrator of the intent to bring the action. The Administrator shall prescribe the form in which the notice under subparagraph
(A)shall be provided. A court, in issuing any final order in an action brought pursuant to this section, may award the costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or substantially prevailing party, as the court determines to be appropriate. A court, in any action brought pursuant to this section in which a temporary restraining order or preliminary injunction is sought, may require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.