42 U.S.C. § 9123 — Relinquishment or surrender of license

Page 7686 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9123 financial information which is privileged or confiden- tial)’’ for ‘‘(relating to trade secrets and confidential commercial and financial information)’’. Subsec. (b)(2)(B). Pub. L. 98–623, § 602(e)(18), sub- stituted ‘‘Administrator’’ for ‘‘administrator’’. § 9123. Relinquishment or surrender of license (a) Relinquishment or surrender authority; con- tinuation of liability Any licensee may at any time, without pen- alty, surrender to the Administrator a license issued to him, or relinquish to the Adminis- trator, in whole or in part, any right to conduct construction or operation of an ocean thermal energy conversion facility or plantship, includ- ing part or all of any right of way which may have been granted in conjunction with such li- cense: Provided, That such surrender or relin- quishment shall not relieve the licensee of any obligation or liability established by this chap- ter, or any other Act, or of any obligation or li- ability for actions taken by him prior to such surrender or relinquishment, or during disposal or removal of any components required to be disposed of or removed pursuant to this chapter. (b) Transfer of right of way If part or all of a right of way which is relin- quished, or for which the license is surrendered, to the Administrator pursuant to subsection (a) of this section contains an electric transmission cable or pipeline which is used in conjunction with another license for an ocean thermal en- ergy conversion facility, the Administrator shall allow the other licensee an opportunity to add such right of way to his license before in- forming the Secretary of the Interior that the right of way has been vacated. (Pub. L. 96–320, title I, § 113, Aug. 3, 1980, 94 Stat. 989.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables. § 9124. Civil actions (a) Jurisdiction Except as provided in subsection (b) of this section, any person having a valid legal interest which is or may be adversely affected may com- mence a civil action for equitable relief on his own behalf in the United States District Court for the District of Columbia whenever such ac- tion constitutes a case or controversy— (1) against any person who is alleged to be in violation of any provision of this chapter or any regulation or condition of a license issued pursuant to this chapter; or (2) against the Administrator where there is alleged a failure of the Administrator to per- form any act or duty under this chapter which is not discretionary. In suits brought under this chapter, the district courts of the United States shall have jurisdic- tion, without regard to the amount in con- troversy or the citizenship of the parties, to en- force any provision of this chapter or any regu- lation or term or condition of a license issued pursuant to this chapter or to order the Admin- istrator to perform such act or duty, as the case may be. (b) Notice No civil action may be commenced— (1) under subsection (a)(1) of this section— (A) prior to 60 days after the plaintiff has given notice of the violation to the Adminis- trator and to any alleged violator; or (B) if the Administrator or the Attorney General has commenced and is diligently prosecuting a civil or criminal action with respect to such matters in a court of the United States, but in any such action any person may intervene as a matter of right; or (2) under subsection (a)(2) of this section prior to 60 days after the plaintiff has given notice of such action to the Administrator. Notice under this subsection shall be given in such a manner as the Administrator shall pre- scribe by regulation. (c) Right of Administrator or Attorney General to intervene In any action under this section, the Adminis- trator or the Attorney General, if not a party, may intervene as a matter of right. (d) Award of costs The court, in issuing any final order in any ac- tion brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines that such an award is appropriate. (e) Other remedies not restricted Nothing in this section shall restrict any right which any person or class of persons may have under any statute or common law to seek en- forcement or to seek any other relief. (Pub. L. 96–320, title I, § 114, Aug. 3, 1980, 94 Stat. 990.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables. § 9125. Judicial review Any person suffering legal wrong, or who is ad- versely affected or aggrieved by the Administra- tor’s decision to issue, transfer, modify, renew, suspend, or terminate a license may, not later than 60 days after such decision is made, seek judicial review of such decision in the United States Court of Appeals for the District of Co- lumbia. A person shall be deemed to be ag- grieved by the Administrator’s decision within the meaning of this chapter if he—