15 U.S.C. § 2619 — Citizens’ civil actions

Page 1897 TITLE 15—COMMERCE AND TRADE § 2619 purpose required by section 553(c) of title 5 to be incorporated in the rule or order, except as part of the record, taken as a whole. (2) The judgment of the court affirming or set- ting aside, in whole or in part, any rule or order reviewed in accordance with this section shall be final, subject to review by the Supreme Court of the United States upon certiorari or certifi- cation, as provided in section 1254 of title 28. (d) Fees and costs The decision of the court in an action com- menced under subsection (a), or of the Supreme Court of the United States on review of such a decision, may include an award of costs of suit and reasonable fees for attorneys and expert witnesses if the court determines that such an award is appropriate. (e) Other remedies The remedies as provided in this section shall be in addition to and not in lieu of any other remedies provided by law. (Pub. L. 94–469, title I, § 19, Oct. 11, 1976, 90 Stat. 2039; renumbered title I and amended Pub. L. 99–519, § 3(b)(2), (c)(1), Oct. 22, 1986, 100 Stat. 2989; Pub. L. 102–550, title X, § 1021(b)(8), Oct. 28, 1992, 106 Stat. 3923; Pub. L. 114–182, title I, §§ 14, 19(m), June 22, 2016, 130 Stat. 498, 508.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(1)(A). Pub. L. 114–182, § 19(m)(1)(A), substituted ‘‘Except as otherwise provided in this sub- chapter, not later than 60 days after the date on which a rule is promulgated under this subchapter, sub- chapter II, or subchapter IV, or the date on which an order is issued under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,’’ for ‘‘Not later than 60 days after the date of the promulgation of a rule under section 2603(a), 2604(a)(2), 2604(b)(4), 2605(a), 2605(e), or 2607 of this title, or under subchapter II or IV’’, ‘‘such rule or order’’ for ‘‘such rule’’, and ‘‘such a rule or order’’ for ‘‘such a rule’’. Subsec. (a)(1)(B). Pub. L. 114–182, § 19(m)(1)(B), sub- stituted ‘‘Except as otherwise provided in this sub- chapter, courts’’ for ‘‘Courts’’ and ‘‘this subchapter, other than an order under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,’’ for ‘‘subparagraph (A) or (B) of section 2605(b)(1) of this title’’. Subsec. (a)(1)(C). Pub. L. 114–182, § 14(1), added subpar. (C). Subsec. (a)(2). Pub. L. 114–182, § 19(m)(1)(C), sub- stituted ‘‘record’’ for ‘‘rulemaking record’’ and ‘‘based the rule or order’’ for ‘‘based the rule’’. Subsec. (a)(3). Pub. L. 114–182, § 14(2), struck out par. (3) which defined ‘‘rulemaking record’’. Subsec. (b). Pub. L. 114–182, § 19(m)(2), substituted ‘‘re- view a rule, or an order under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,’’ for ‘‘review a rule’’, ‘‘such rule or order’’ for ‘‘such rule’’, ‘‘the rule or order’’ for ‘‘the rule’’, ‘‘new rule or order’’ for ‘‘new rule’’ in two places, and ‘‘modified rule or order’’ for ‘‘modified rule’’. Subsec. (c)(1)(A). Pub. L. 114–182, § 19(m)(3)(A)(i), sub- stituted ‘‘a rule or order’’ for ‘‘a rule’’ and ‘‘such rule or order’’ for ‘‘such rule’’. Subsec. (c)(1)(B). Pub. L. 114–182, § 19(m)(3)(A)(ii)(I), substituted ‘‘a rule or order’’ for ‘‘a rule’’ in introduc- tory provisions. Pub. L. 114–182, § 19(m)(3)(A)(ii)(III), struck out con- cluding provisions which read as follows: ‘‘The term ‘evidence’ as used in clause (i) means any matter in the rulemaking record.’’ Subsec. (c)(1)(B)(i). Pub. L. 114–182, § 19(m)(3)(A)(ii)(II), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: ‘‘in the case of re- view of a rule under section 2603(a), 2604(b)(4), 2605(a), or 2605(e) of this title, the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such rule if the court finds that the rule is not supported by substantial evidence in the rulemaking record (as de- fined in subsection (a)(3)) taken as a whole;’’. Subsec. (c)(1)(B)(ii), (iii). Pub. L. 114–182, § 19(m)(3)(A)(ii)(III), added cl. (ii) and struck out former cls. (ii) and (iii) which related to review of rules under section 2605(a) of this title and statements not subject to court review, respectively. Subsec. (c)(1)(C). Pub. L. 114–182, § 19(m)(3)(A)(iii), struck out subpar. (C) which read as follows: ‘‘A deter- mination, rule, or ruling of the Administrator de- scribed in subparagraph (B)(ii) may be reviewed only in an action under this section and only in accordance with such subparagraph.’’ Subsec. (c)(2). Pub. L. 114–182, § 19(m)(3)(B), sub- stituted ‘‘any rule or order’’ for ‘‘any rule’’. 1992—Subsec. (a)(1)(A). Pub. L. 102–550, § 1021(b)(8)(A), substituted ‘‘subchapter II or IV’’ for ‘‘subchapter II’’. Subsec. (a)(3)(B). Pub. L. 102–550, § 1021(b)(8)(B), in- serted before semicolon at end ‘‘and in the case of a rule under subchapter IV, the finding required for the issuance of such a rule’’. 1986—Subsec. (a)(1)(A). Pub. L. 99–519 inserted ref- erence to subchapter II of this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. § 2619. Citizens’ civil actions (a) In general Except as provided in subsection (b), any per- son may commence a civil action— (1) against any person (including (A) the United States, and (B) any other govern- mental instrumentality or agency to the ex- tent permitted by the eleventh amendment to the Constitution) who is alleged to be in viola- tion of this chapter or any rule promulgated under section 2603, 2604, or 2605 of this title, or subchapter II or IV, or order issued under sec- tion 2603 or 2604 of this title or subchapter II or IV to restrain such violation, or (2) against the Administrator to compel the Administrator to perform any act or duty under this chapter which is not discretionary. Any civil action under paragraph (1) shall be brought in the United States district court for the district in which the alleged violation oc- curred or in which the defendant resides or in which the defendant’s principal place of business is located. Any action brought under paragraph (2) shall be brought in the United States District Court for the District of Columbia, or the United States district court for the judicial dis- trict in which the plaintiff is domiciled. The dis- trict courts of the United States shall have ju- risdiction over suits brought under this section, without regard to the amount in controversy or the citizenship of the parties. In any civil action under this subsection process may be served on a defendant in any judicial district in which the defendant resides or may be found and sub- poenas for witnesses may be served in any judi- cial district. Page 1898 TITLE 15—COMMERCE AND TRADE § 2620 (b) Limitation No civil action may be commenced— (1) under subsection (a)(1) to restrain a vio- lation of this chapter or rule or order under this chapter— (A) before the expiration of 60 days after the plaintiff has given notice of such viola- tion (i) to the Administrator, and (ii) to the person who is alleged to have committed such violation, or (B) if the Administrator has commenced and is diligently prosecuting a proceeding for the issuance of an order under section 2615(a)(2) of this title to require compliance with this chapter or with such rule or order or if the Attorney General has commenced and is diligently prosecuting a civil action in a court of the United States to require compliance with this chapter or with such rule or order, but if such proceeding or civil action is commenced after the giving of no- tice, any person giving such notice may in- tervene as a matter of right in such pro- ceeding or action; (2) under subsection (a)(2) before the expira- tion of 60 days after the plaintiff has given no- tice to the Administrator of the alleged failure of the Administrator to perform an act or duty which is the basis for such action or, in the case of an action under such subsection for the failure of the Administrator to file an action under section 2606 of this title, before the expi- ration of ten days after such notification, ex- cept that no prior notification shall be re- quired in the case of a civil action brought to compel a decision by the Administrator pursu- ant to section 2617(f)(3)(B) of this title; or (3) in the case of a civil action brought to compel a decision by the Administrator pursu- ant to section 2617(f)(3)(B) of this title, after the date that is 60 days after the deadline specified in section 2617(f)(3)(B) of this title. Notice under this subsection shall be given in such manner as the Administrator shall pre- scribe by rule. (c) General (1) In any action under this section, the Ad- ministrator, if not a party, may intervene as a matter of right. (2) The court, in issuing any final order in any action brought pursuant to subsection (a), may award costs of suit and reasonable fees for attor- neys and expert witnesses if the court deter- mines that such an award is appropriate. Any court, in issuing its decision in an action brought to review such an order, may award costs of suit and reasonable fees for attorneys if the court determines that such an award is ap- propriate. (3) 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 enforcement of this chapter or any rule or order under this chapter or to seek any other relief. (d) Consolidation When two or more civil actions brought under subsection (a) involving the same defendant and the same issues or violations are pending in two or more judicial districts, such pending actions, upon application of such defendants to such ac- tions which is made to a court in which any such action is brought, may, if such court in its discretion so decides, be consolidated for trial by order (issued after giving all parties reason- able notice and opportunity to be heard) of such court and tried in— (1) any district which is selected by such de- fendant and in which one of such actions is pending, (2) a district which is agreed upon by stipu- lation between all the parties to such actions and in which one of such actions is pending, or (3) a district which is selected by the court and in which one of such actions is pending. The court issuing such an order shall give prompt notification of the order to the other courts in which the civil actions consolidated under the order are pending. (Pub. L. 94–469, title I, § 20, Oct. 11, 1976, 90 Stat. 2041; renumbered title I and amended Pub. L. 99–519, § 3(b)(3), (c)(1), Oct. 22, 1986, 100 Stat. 2989; Pub. L. 102–550, title X, § 1021(b)(9), Oct. 28, 1992, 106 Stat. 3923; Pub. L. 114–182, title I, §§ 15, 19(n), June 22, 2016, 130 Stat. 498, 509.) Editorial Notes AMENDMENTS Subsec. (a)(1). Pub. L. 114–182, § 19(n), substituted ‘‘order issued under section 2603 or 2604 of this title’’ for ‘‘order issued under section 2604 of this title’’. Subsec. (b)(2), (3). Pub. L. 114–182, § 15, substituted ‘‘, except that no prior notification shall be required in the case of a civil action brought to compel a decision by the Administrator pursuant to section 2617(f)(3)(B) of this title; or’’ for period at end of par. (2) and added par. (3). 1992—Subsec. (a)(1). Pub. L. 102–550 substituted ‘‘sub- chapter II or IV’’ for ‘‘subchapter II’’ in two places. 1986—Subsec. (a)(1). Pub. L. 99–519 inserted references to subchapter II of this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. § 2620. Citizens’ petitions (a) In general Any person may petition the Administrator to initiate a proceeding for the issuance, amend- ment, or repeal of a rule under section 2603, 2605, or 2607 of this title or an order under section 2603 or 2604(e) or (f) of this title. (b) Procedures (1) Such petition shall be filed in the principal office of the Administrator and shall set forth the facts which it is claimed establish that it is necessary to issue, amend, or repeal a rule under section 2603, 2605, or 2607 of this title or an order under section 2603 or 2604(e) or (f) of this title. (2) The Administrator may hold a public hear- ing or may conduct such investigation or pro- ceeding as the Administrator deems appropriate in order to determine whether or not such peti- tion should be granted. (3) Within 90 days after filing of a petition de- scribed in paragraph (1), the Administrator shall