30 U.S.C. § 1270 — Citizens suits

Page 297 TITLE 30—MINERAL LANDS AND MINING § 1271 § 1270. Citizens suits (a) Civil action to compel compliance with this chapter Except as provided in subsection (b) of this section, any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compli- ance with this chapter— (1) against the United States or any other governmental instrumentality or agency to the extent permitted by the eleventh amend- ment to the Constitution which is alleged to be in violation of the provisions of this chap- ter or of any rule, regulation, order or permit issued pursuant thereto, or against any other person who is alleged to be in violation of any rule, regulation, order or permit issued pursu- ant to this subchapter; or (2) against the Secretary or the appropriate State regulatory authority to the extent per- mitted by the eleventh amendment to the Constitution where there is alleged a failure of the Secretary or the appropriate State regu- latory authority to perform any act or duty under this chapter which is not discretionary with the Secretary or with the appropriate State regulatory authority. The district courts shall have jurisdiction, with- out regard to the amount in controversy or the citizenship of the parties. (b) Limitation on bringing of action No action may be commenced— (1) under subsection (a)(1) of this section— (A) prior to sixty days after the plaintiff has given notice in writing of the violation (i) to the Secretary, (ii) to the State in which the violation occurs, and (iii) to any alleged violator; or (B) if the Secretary or the State has com- menced and is diligently prosecuting a civil action in a court of the United States or a State to require compliance with the provi- sions of this chapter, or any rule, regulation, order, or permit issued pursuant to this chapter, but in any such action in a court of the United States any person may intervene as a matter of right; or (2) under subsection (a)(2) of this section prior to sixty days after the plaintiff has given notice in writing of such action to the Sec- retary, in such manner as the Secretary shall by regulation prescribe, or to the appropriate State regulatory authority, except that such action may be brought immediately after such notification in the case where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff. (c) Venue; intervention (1) Any action respecting a violation of this chapter or the regulations thereunder may be brought only in the judicial district in which the surface coal mining operation complained of is located. (2) In such action under this section, the Sec- retary, or the State regulatory authority, if not a party, may intervene as a matter of right. (d) Costs; filing of bonds 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 attorney and expert witness fees) to any party, whenever the court determines such award is ap- propriate. The court may, if a temporary re- straining order or preliminary injunction is sought require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. (e) Effect on other enforcement methods 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 of any of the provisions of this chap- ter and the regulations thereunder, or to seek any other relief (including relief against the Secretary or the appropriate State regulatory authority). (f) Action for damages Any person who is injured in his person or property through the violation by any operator of any rule, regulation, order, or permit issued pursuant to this chapter may bring an action for damages (including reasonable attorney and ex- pert witness fees) only in the judicial district in which the surface coal mining operation com- plained of is located. Nothing in this subsection shall affect the rights established by or limits imposed under State Workmen’s Compensation laws. (Pub. L. 95–87, title V, § 520, Aug. 3, 1977, 91 Stat. 503.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (d), are set out in the Appendix to Title 28, Ju- diciary and Judicial Procedure. § 1271. Enforcement (a) Notice of violation; Federal inspection; waiv- er of notification period; cessation order; af- firmative obligation on operator; suspension or revocation of permits; contents of notices and orders (1) Whenever, on the basis of any information available to him, including receipt of informa- tion from any person, the Secretary has reason to believe that any person is in violation of any requirement of this chapter or any permit condi- tion required by this chapter, the Secretary shall notify the State regulatory authority, if one exists, in the State in which such violation exists. If no such State authority exists or the State regulatory authority fails within ten days after notification to take appropriate action to cause said violation to be corrected or to show good cause for such failure and transmit notifi- cation of its action to the Secretary, the Sec- retary shall immediately order Federal inspec- tion of the surface coal mining operation at which the alleged violation is occurring unless the information available to the Secretary is a result of a previous Federal inspection of such surface coal mining operation. The ten-day noti- fication period shall be waived when the person