§ 466g-1. — Controversies involving construction or application of interstate compacts and pollution of waters.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC466g-1]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VI--WATER POLLUTION CONTROL
Sec. 466g-1. Controversies involving construction or application
of interstate compacts and pollution of waters
(a) Jurisdiction of actions by States
The United States district courts shall have original jurisdiction
(concurrent with that of the Supreme Court of the United States, and
concurrent with that of any other court of the United States or of any
State of the United States in matters in which the Supreme Court, or any
other court, has original jurisdiction) of any case or controversy--
(1) which involves the construction or application of an
interstate compact which (A) in whole or in part relates to the
pollution of the waters of an interstate river system or any portion
thereof, and (B) expresses the consent of the States signatory to
said compact to be sued in a district court in any case or
controversy involving the application or construction thereof; and
(2) which involves pollution of the waters of such river system,
or any portion thereof, alleged to be in violation of the provisions
of said compact; and
(3) in which one or more of the States signatory to said compact
is a plaintiff or plaintiffs; and
(4) which is within the judicial power of the United States as
set forth in the Constitution of the United States.
(b) Amount in controversy; residence, situs or citizenship; nature,
character, or legal status of parties
The district courts shall have original jurisdiction of a case or
controversy such as is referred to in subsection (a) of this section,
without any requirement, limitation, or regard as to the sum or value of
the matter in controversy, or of the place of residence or situs or
citizenship, or of the nature, character, or legal status, of any of the
proper parties plaintiff or defendant in said case or controversy other
than the signatory State or States plaintiff or plaintiffs referred to
in paragraph (3) of subsection (a) of this section: Provided, That
nothing in this section shall be construed as authorizing a State to sue
its own citizens in said courts.
(c) Suits between States signatory to interstate compact
The original jurisdiction conferred upon the district courts by this
section shall include, but not be limited to, suits between States
signatory to such interstate compact: Provided, That nothing in this
section shall be construed as authorizing a State to sue another State
which is not a signatory to such compact in said courts.
(d) Venue
The venue of such case or controversy shall be as prescribed by law:
Provided, That in addition thereto, such case or controversy may be
brought in in any judicial district in which the acts of pollution
complained of, or any portion thereof, occur, regardless of the place or
places of residence, or situs, of any of the parties plaintiff or
defendant.
(Pub. L. 87-830, Sec. 1, Oct. 15, 1962, 76 Stat. 957.)
Separability
Section 2 of Pub. L. 87-830 provided that: ``If any part or
application of this Act [this section] should be declared invalid by a
court of competent jurisdiction, said invalidity shall not affect the
other parts, or the other applications, of said Act.''
