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Title 42 — The Public Health and Welfare

Part A · Chapter 77 — Energy Conservation

§ 6304. Injunctive enforcement

Statutory text

The United States district courts shall have jurisdiction to restrain (1) any violation of section 6302 of this title and (2) any person from distributing in commerce any covered product which does not comply with an applicable rule under section 6294 or 6295 of this title. Any such action shall be brought by the Commission, except that any such action to restrain any violation of section 6302(a)(3) of this title which relates to requirements prescribed by the Secretary, any violation of section 6302(a)(4) of this title which relates to requests of the Secretary under section 6296(b)(2) of this title, or any violation of paragraph (5), (6), (7), or (8) of section 6302(a) of this title shall be brought by the Secretary. Any such action to restrain any person from distributing in commerce a general service incandescent lamp that does not comply with the applicable standard established under section 6295(i) of this title or an adapter prohibited under section 6302(a)(7) of this title may also be brought by the attorney general of a State in the name of the State. Any such action may be brought in any United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found or transacts business. In any action under this section, process may be served on a defendant in any other district in which the defendant resides or may be found.

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. Energy Policy and Conservation Act

    Pub. L. 94–163 title III § 334 · 89 Stat. 871

    Enacted · 42 U.S.C. § 6304

    Pub. L. 94–163, title III, § 334, Dec. 22, 1975, 89 Stat. 929

    Source evidence

    Code source credit
    Pub. L. 94–163, title III, § 334, Dec. 22, 1975, 89 Stat. 929

    Enacted provision · exact public law section
    Sec. 334. injunctive enforcement The United States district courts shall have jurisdiction Jurisdiction. 42 USC 6304. to restrain (1) any violation of section 332 and (2) any person from distributing in commerce any covered product which does not comply with an applicable rule under section 324 or 325. Any such action shall be brought by the Commission, except that any such action to restrain any violation of section 332(a)(3) which relates to requirements prescribed by the Administrator, any violation of section 332(a) (4) which relates to requests of the Administrator under section 326(b) (2), or any violation of section 332(a)(5) shall be brought by the Administrator. Any such action may be brought in any United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court, for the district wherein the defendant is found or transacts business. In any action under this section, process may be served on a defendant in any other district in which the defendant resides or may be found.

  2. Pub. L. 95–619 title VI § 691(b)(2) · 92 Stat. 3206

    Substituted · 42 U.S.C. § 6304

    Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.

    Enacted provision · exact public law section
    (2) Such Act is amended by striking out “Administrator” and “Administrator’s” each place they appear (unless the context indicates a reference other than to the Administrator of the Federal Energy Administration) and inserting in lieu thereof “Secretary” or “Secretary’s”, respectively.

  3. Energy Independence and Security Act of 2007

    Pub. L. 110–140 title III § 321(f) · 121 Stat. 1492

    Inserted · 42 U.S.C. § 6304

    Pub. L. 110–140 inserted after second sentence “Any such action to restrain any person from distributing in commerce a general service incandescent lamp that does not comply with the applicable standard established under section 6295(i) of this title or an adapter prohibited under section 6302(a)(6) of this title may also be brought by the attorney general of a State in the name of the State.”

    Source evidence

    Code amendment note
    Pub. L. 110–140 inserted after second sentence “Any such action to restrain any person from distributing in commerce a general service incandescent lamp that does not comply with the applicable standard established under section 6295(i) of this title or an adapter prohibited under section 6302(a)(6) of this title may also be brought by the attorney general of a State in the name of the State.”

    Enacted provision · exact public law section
    (f) Enforcement.— Section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304) is amended by inserting after the second sentence the following: “Any such action to restrain any person from distributing in commerce a general service incandescent lamp that does not comply with the applicable standard established under section 325(i) or an adapter prohibited under section 332(a)(6) may also be brought by the attorney general of a State in the name of the State.”.

    Effective date note
    Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

  4. Energy Efficiency Improvement Act of 2015

    Pub. L. 114–11 title II § 201(4) · 129 Stat. 182

    1. Substituted · 42 U.S.C. § 6304

      Pub. L. 114–11 substituted “paragraph (5), (6), (7), or (8) of section 6302(a)” for “section 6302(a)(5)”

    2. Substituted · 42 U.S.C. § 6304

      Pub. L. 114–11 substituted “section 6302(a)(7)” for “section 6302(a)(6)”

    Source evidence

    Code amendment note
    Pub. L. 114–11 substituted “paragraph (5), (6), (7), or (8) of section 6302(a)” for “section 6302(a)(5)” and “section 6302(a)(7)” for “section 6302(a)(6)”.

    Enacted provision · exact public law section
    (4) in section 334 (42 U.S.C. 6304)— (A) by striking “section 332(a)(5)” and inserting “paragraph (5), (6), (7), or (8) of section 332(a)”; and (B) by striking “section 332(a)(6)” and inserting “section 332(a)(7)”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments1978–2015 · 3 rounds

2015

Pub. L. 114–11 substituted “paragraph (5), (6), (7), or (8) of section 6302(a)” for “section 6302(a)(5)” and “section 6302(a)(7)” for “section 6302(a)(6)”.

2007

Pub. L. 110–140 inserted after second sentence “Any such action to restrain any person from distributing in commerce a general service incandescent lamp that does not comply with the applicable standard established under section 6295(i) of this title or an adapter prohibited under section 6302(a)(6) of this title may also be brought by the attorney general of a State in the name of the State.”

1978

Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after , see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Credits

1975–2015 · 4 acts
  1. 1975Pub. L. 94–163, title III, § 334, , 89 Stat. 929
  2. 1978Pub. L. 95–619, title VI, § 691(b)(2), , 92 Stat. 3288
  3. 2007Pub. L. 110–140, title III, § 321(f), , 121 Stat. 1586
  4. 2015Pub. L. 114–11, title II, § 201(4), , 129 Stat. 189.
Show as published

(Pub. L. 94–163, title III, § 334, , 89 Stat. 929; Pub. L. 95–619, title VI, § 691(b)(2), , 92 Stat. 3288; Pub. L. 110–140, title III, § 321(f), , 121 Stat. 1586; Pub. L. 114–11, title II, § 201(4), , 129 Stat. 189.)

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