§ 1910. Legal actions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Act to Prevent Pollution from Ships

   Pub. L. 96–478 § 11 · 94 Stat. 2297

   Enacted · 33 U.S.C. § 1910

   Pub. L. 96–478, § 11, Oct. 21, 1980, 94 Stat. 2302

   Source evidence

   Code source credit
   Pub. L. 96–478, § 11, Oct. 21, 1980, 94 Stat. 2302

   Enacted provision · exact public law section
   Sec. 11. (a) 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 Act, 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 Act 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 9(e) of this Act. (b) 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) 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) 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) 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.

2. 2008

   Maritime Pollution Prevention Act of 2008

   Pub. L. 110–280 § 12(1) · 122 Stat. 2611

   1. Added · 33 U.S.C. § 1910(a)(3); 33 U.S.C. § 1910(a)(4)

      Pub. L. 110–280, § 12(1), added par. (3)

   2. Redesignated · 33 U.S.C. § 1910(a)(3); 33 U.S.C. § 1910(a)(4)

      Pub. L. 110–280, § 12(1), redesignated former par. (3) as (4)

   Source evidence

   Code amendment note
   Subsec. (a)(3), (4). Pub. L. 110–280, § 12(1), added par. (3) and redesignated former par. (3) as (4).

   Enacted provision · exact public law section
   (1) by redesignating paragraph (3) of subsection (a) as paragraph (4), and inserting after paragraph (2) the following: “(3) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this Act which is not discretionary; or” ;

3. 2008

   Maritime Pollution Prevention Act of 2008

   Pub. L. 110–280 § 12(2) · 122 Stat. 2611

   Substituted · 33 U.S.C. § 1910(b)(1)

   Pub. L. 110–280, § 12(2), substituted “concerned or the Administrator,” for “concerned,”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 110–280, § 12(2), substituted “concerned or the Administrator,” for “concerned,”.

   Enacted provision · exact public law section
   (2) by striking “concerned,” in subsection (b)(1) and inserting “concerned or the Administrator,”; and

4. 2008

   Maritime Pollution Prevention Act of 2008

   Pub. L. 110–280 § 12(3) · 122 Stat. 2611

   Inserted · 33 U.S.C. § 1910(b)(2)

   Pub. L. 110–280, § 12(3), inserted “or the Administrator” after “Secretary”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 110–280, § 12(3), inserted “or the Administrator” after “Secretary”.

   Enacted provision · exact public law section
   (3) by inserting “or the Administrator” after “Secretary” in subsection (b)(2).

5 of 5 references resolved to an enrolled provision