§ 1427. — Civil actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1427]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 26--DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER I--REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
UNITED STATES CITIZENS
Sec. 1427. Civil actions
(a) Equitable relief
Except as provided in subsection (b) of this section, any person may
commence a civil action for equitable relief on that person's behalf in
the United States District Court for the District of Columbia--
(1) against any person who is alleged to be in violation of any
provision of this chapter or any condition of a license or permit
issued under this subchapter; or
(2) against the Administrator when there is alleged a failure of
the Administrator to perform any act or duty under this chapter
which is not discretionary,
if the person bringing the action has a valid legal interest which is or
may be adversely affected by such alleged violation or failure to
perform. In suits brought under this subsection, the district court
shall have jurisdiction, without regard to the amount in controversy or
the citizenship of the parties, to enforce the provisions of this
chapter, or any term, condition, or restriction of a license or permit
issued under this subchapter, or to order the Administrator to perform
such act or duty.
(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 alleged violation to the Administrator 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 the alleged violation in a court of the
United States; except that in any such civil action, any person
having a valid legal interest which is or may be adversely
affected by the alleged violation may intervene; 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 prescribe by regulation.
(c) Costs and fees
The court, in issuing any final order in any action brought under
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.
(d) Relationship to other law
Nothing in this section shall restrict the rights which any person
or class of persons may have under other law to seek enforcement or to
seek any other relief. All vessel safety and environmental requirements
of or under this chapter shall be in addition to other requirements of
law.
(Pub. L. 96-283, title I, Sec. 117, June 28, 1980, 94 Stat. 573.)
