§ 1270. — Citizens suits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1270]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER V--CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
MINING
Sec. 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 compliance with this chapter--
(1) against the United States or any other governmental
instrumentality or agency to the extent permitted by the eleventh
amendment to the Constitution which is alleged to be in violation of
the provisions of this chapter 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 pursuant to this subchapter; or
(2) against the Secretary or the appropriate State regulatory
authority to the extent permitted by the eleventh amendment to the
Constitution where there is alleged a failure of the Secretary or
the appropriate State regulatory 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, without 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 commenced and is
diligently prosecuting a civil action in a court of the United
States or a State to require compliance with the provisions 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 Secretary, 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 Secretary, 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 action 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 appropriate. The court may, if a
temporary restraining 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
enforcement of any of the provisions of this chapter 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 expert witness fees) only in the
judicial district in which the surface coal mining operation complained
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, Sec. 520, Aug. 3, 1977, 91 Stat. 503.)
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (d),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
Section Referred to in Other Sections
This section is referred to in section 1276 of this title.
