[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60121]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60121. Actions by private persons
(a) General Authority.--(1) A person may bring a civil action in an
appropriate district court of the United States for an injunction
against another person (including the United States Government and other
governmental authorities to the extent permitted under the 11th
amendment to the Constitution) for a violation of this chapter or a
regulation prescribed or order issued under this chapter. However, the
person--
(A) may bring the action only after 60 days after the person has
given notice of the violation to the Secretary of Transportation or
to the appropriate State authority (when the violation is alleged to
have occurred in a State certified under section 60105 of this
title) and to the person alleged to have committed the violation;
(B) may not bring the action if the Secretary or authority has
begun and diligently is pursuing an administrative proceeding for
the violation; and
(C) may not bring the action if the Attorney General of the
United States, or the chief law enforcement officer of a State, has
begun and diligently is pursuing a judicial proceeding for the
violation.
(2) The Secretary shall prescribe the way in which notice is given
under this subsection.
(3) The Secretary, with the approval of the Attorney General, or the
Attorney General may intervene in an action under paragraph (1) of this
subsection.
(b) Costs and Fees.--The court may award costs, reasonable expert
witness fees, and a reasonable attorney's fee to a prevailing plaintiff
in a civil action under this section. The court may award costs to a
prevailing defendant when the action is unreasonable, frivolous, or
meritless. In this subsection, a reasonable attorney's fee is a fee--
(1) based on the actual time spent and the reasonable expenses
of the attorney for legal services provided to a person under this
section; and
(2) computed at the rate prevailing for providing similar
services for actions brought in the court awarding the fee.
(c) State Violations as Violations of This Chapter.--In this
section, a violation of a safety standard or practice of a State is
deemed to be a violation of this chapter or a regulation prescribed or
order issued under this chapter only to the extent the standard or
practice is not more stringent than a comparable minimum safety standard
prescribed under this chapter.
(d) Additional Remedies.--A remedy under this section is in addition
to any other remedies provided by law. This section does not restrict a
right to relief that a person or a class of persons may have under
another law or at common law.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1324.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60121(a)(1)........................... 49 App.:1686(a), (b) (1st Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
sentence). 720, Sec. 19; added Oct. 11, 1976,
Pub. L. 94-477, Sec. 8, 90 Stat.
2075; Nov. 30, 1979, Pub. L. 96-129,
Sec. 104(b), 93 Stat. 992.
49 App.:2014(a), (b) (1st Nov. 30, 1979, Pub. L. 96-129, Sec.
sentence). 215, 93 Stat. 1014.
60121(a)(2)........................... 49 App.:1686(b) (last
sentence).
49 App.:2014(b) (last
sentence).
60121(a)(3)........................... 49 App.:1686(c).
49 App.:2014(c).
60121(b).............................. 49 App.:1686(e).
49 App.:2014(e).
60121(c).............................. 49 App.:1686(f).
49 App.:2014(f).
60121(d).............................. 49 App.:1686(d).
49 App.:2014(d).
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In subsection (a)(1), before clause (A), the text of 49 App.:1686(a)
(last sentence, words after the comma) and 2014(a) (last sentence, words
after the comma) is omitted as surplus because the amount in controversy
is no longer a criterion. The word ``bring'' is substituted for
``commence'' for consistency in the revised title and with other titles
of the United States Code. The words ``mandatory or prohibitive'',
``including interim equitable relief'', ``State, municipality,
