§ 1910. — Legal 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: 33USC1910]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1910. Legal actions
(a) Persons with adversely affected interests as plaintiffs; defendants
Except as provided in subsection (b) of this section, any person
having an interest which is, or can be, adversely affected, may bring an
action on his own behalf--
(1) against any person alleged to be in violation of the
provisions of this chapter, or regulations issued hereunder;
(2) against the Secretary where there is alleged a failure of
the Secretary to perform any act or duty under this chapter which is
not discretionary with the Secretary;
(3) against the Secretary of the Treasury where there is alleged
a failure of the Secretary of the Treasury to take action under
section 1908(e) of this title.
(b) Commencement conditions
No action may be commenced under subsection (a) of this section--
(1) prior to 60 days after the plaintiff has given notice, in
writing and under oath, to the alleged violator, the Secretary
concerned, and the Attorney General; or
(2) if the Secretary has commenced enforcement or penalty action
with respect to the alleged violation and is conducting such
procedures diligently.
(c) Venue
Any suit brought under this section shall be brought--
(1) in a case concerning an onshore facility or port, in the
United States district court for the judicial district where the
onshore facility or port is located;
(2) in a case concerning an offshore facility or offshore
structure under the jurisdiction of the United States, in the United
States district court for the judicial district nearest the offshore
facility or offshore structure;
(3) in a case concerning a ship, in the United States district
court for any judicial district wherein the ship or its owner or
operator may be found; or
(4) in any case, in the District Court for the District of
Columbia.
(d) Costs; attorney fees; witness fees
The court, in issuing any final order in any action brought pursuant
to this section, may award costs of litigation (including reasonable
attorney and expert witness fees) to any party including the Federal
Government.
(e) Federal intervention
In any action brought under this section, if the Secretary or
Attorney General are not parties of record, the United States, through
the Attorney General, shall have the right to intervene.
(Pub. L. 96-478, Sec. 11, Oct. 21, 1980, 94 Stat. 2302.)
