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49 U.S.C. § 60121 — Actions by private persons
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—**
(1) A person may bring a civil action in an appropriate district court of the United States for an injunction against another person (including the United States Government and other governmental authorities to the extent permitted under the 11th amendment to the Constitution) for a violation of this chapter or a regulation prescribed or order issued under this chapter. However, the person—
(A) may bring the action only after 60 days after the person has given notice of the violation to the Secretary of Transportation or to the appropriate State authority (when the violation is alleged to have occurred in a State certified under [section 60105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105&num=0&edition=prelim)) and to the person alleged to have committed the violation;
(B) may not bring the action if the Secretary or authority has begun and diligently is pursuing an administrative proceeding for the violation; and
(C) may not bring the action if the Attorney General of the United States, or the chief law enforcement officer of a State, has begun and diligently is pursuing a judicial proceeding for the violation.
(2) The Secretary shall prescribe the way in which notice is given under this subsection.
(3) The Secretary, with the approval of the Attorney General, or the Attorney General may intervene in an action under paragraph (1) of this subsection.
**(b) Costs and Fees.—** The court may award costs, reasonable expert witness fees, and a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this section. The court may award costs to a prevailing defendant when the action is unreasonable, frivolous, or meritless. In this subsection, a reasonable attorney’s f
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Source location: Title 49, Chapter 601, § 60121; chapter-601-safety.md
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**(a) General Authority.—**
(1) A person may bring a civil action in an appropriate district court of the United States for an injunction against another person (including the United States Government and other governmental authorities to the extent permitted under the 11th amendment to the Constitution) for a violation of this chapter or a regulation prescribed or order issued under this chapter. However, the person—
(A) may bring the action only after 60 days after the person has given notice of the violation to the Secretary of Transportation or to the appropriate State authority (when the violation is alleged to have occurred in a State certified under [section 60105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105&num=0&edition=prelim)) and to the person alleged to have committed the violation;
(B) may not bring the action if the Secretary or authority has begun and diligently is pursuing an administrative proceeding for the violation; and
(C) may not bring the action if the Attorney General of the United States, or the chief law enforcement officer of a State, has begun and diligently is pursuing a judicial proceeding for the violation.
(2) The Secretary shall prescribe the way in which notice is given under this subsection.
(3) The Secretary, with the approval of the Attorney General, or the Attorney General may intervene in an action under paragraph (1) of this subsection.
**(b) Costs and Fees.—** The court may award costs, reasonable expert witness fees, and a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this section. The court may award costs to a prevailing defendant when the action is unreasonable, frivolous, or meritless. In this subsection, a reasonable attorney’s fee is a fee—
(1) based on the actual time spent and the reasonable expenses of the attorney for legal services provided to a person under this section; and
(2) computed at the rate prevailing for providing similar services for actions brought in the court awarding the fee.
**(c) State Violations as Violations of This Chapter.—** In this section, a violation of a safety standard or practice of a State is deemed to be a violation of this chapter or a regulation prescribed or order issued under this chapter only to the extent the standard or practice is not more stringent than a comparable minimum safety standard prescribed under this chapter.
**(d) Additional Remedies.—** A remedy under this section is in addition to any other remedies provided by law. This section does not restrict a right to relief that a person or a class of persons may have under another law or at common law.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Requirements and Submission.—** Except as provided in this section and sections 60114 and 60121 of this title, the Secretary of Transportation may not prescribe or enforce safety standards and practices for an intrastate pipeline facility or intrastate pipeline transportation to the extent that the safety standards and practices are regulated by a State authority (including a municipality if the standards and practices apply to intrastate gas pipeline transportation) that submits to the Secretary annually a certification for the facilities and transportation that complies with subsections (b) and (c) of this section.
**(b) Contents.—** Each certification submitted under subsection (a) of this section shall state that the State authority—
(1) has regulatory jurisdiction over the standards and practices to which the certification applies;
(2) has adopted, by the date of certification, each applicable standard prescribed under this chapter or, if a standard under this chapter was prescribed not later than 120 days before certification, is taking steps to adopt that standard;
(3) is enforcing each adopted standard through ways that include inspections conducted by State employees meeting the qualifications the Secretary prescribes under [section 60107(d)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60107/d/1/C&num=0&edition=prelim);
(4) is encouraging and promoting the establishment of a program designed to prevent damage by demolition, excavation, tunneling, or construction activity to the pipeline facilities to which the certification applies that subjects persons who violate the applicable requirements of that program to civil penalties and other enforcement actions that are substantially the same as
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Federal law — U.S. Code and appendices · legal_authorities
Page 1786
TITLE 49—TRANSPORTATION
§ 60120
§ 60120. Enforcement
(a) CIVIL ACTIONS.—
(1) CIVIL ACTIONS TO ENFORCE THIS CHAPTER.—
At the request of the Secretary of Transpor-
tation, the Attorney General may bring a civil
action in an appropriate district court of the
United States to enforce this chapter, includ-
ing section 60112, or a regulation prescribed or
order issued under this chapter. The court
may award appropriate relief, including a tem-
porary or permanent injunction, punitive
damages, and assessment of civil penalties,
considering the same factors as prescribed for
the Secretary in an administrative case under
section 60122. The maximum amount of civil
penalties for administrative enforcement ac-
tions under section 60122 shall not apply to en-
forcement actions under this section.
(2) CIVIL
ACTIONS
TO
REQUIRE
COMPLIANCE
WITH SUBPOENAS OR ALLOW FOR INSPECTIONS.—
At the request of the Secretary, the Attorney
General may bring a civil action in a district
court of the United States to require a person
to comply immediately with a subpena or to
allow an officer, employee, or agent author-
ized by the Secretary to enter the premises,
and inspect the records and property, of the
person to decide whether the person is com-
plying with this chapter. The action may be
brought in the judicial district in which the
defendant resides, is found, or does business.
The court may punish a failure to obey the
order as a contempt of court.
(b) JURY TRIAL DEMAND.—In a trial for crimi-
nal contempt for violating an injunction issued
under this section, the violation of which is also
a violation of this chapter, the defendant may
demand a jury trial. The defendant shall be tried
as provided in rule 42(b) of the Federal Rules of
Criminal Procedure (18
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 60121
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