§ 6305. Citizen suits

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. 1975

   Energy Policy and Conservation Act

   Pub. L. 94–163 title III § 335 · 89 Stat. 871

   Enacted · 42 U.S.C. § 6305

   Pub. L. 94–163, title III, § 335, Dec. 22, 1975, 89 Stat. 930

   Source evidence

   Code source credit
   Pub. L. 94–163, title III, § 335, Dec. 22, 1975, 89 Stat. 930

   Enacted provision · exact public law section
   Sec. 335. citizen suits (a) Except as otherwise provided in subsection (b), any person may commence a civil action against— (1) any manufacturer or private labeler who is alleged to be in violation of any provision of this part or any rule under this part (excluding sections 325 and 332(a)(5), and rules thereunder); or (2) any Federal agency which has a responsibility under this part where there is an alleged failure of such agency to perform any act or duty under this part which is not discretionary (excluding any act or duty under section 325 or 332(a) (5)). Jurisdiction. The United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such provision or rule, as the case may be. (b) No action may be commenced— (1) under subsection (a)(1)— (A) prior to 60 days after the date on which the plaintiff has given notice of the violation (i) to the Administrator, (ii) to the Commission, and (iii) to any alleged violator of such provision or rule, or (B) if the Commission has commenced and is diligently prosecuting a civil action to require compliance with such provision or rule, but, in any such action, any person may intervene as a matter of right. (2) under subsection (a) (2) prior to 60 days after the date on which the plaintiff has given notice of such action to the Administrator and Commission. Notice under this subsection shall be given in such manner as the Commission shall prescribe by rule. (c) In such action under this section, the Administrator or the Commission (or both), if not a party, may intervene as a matter of right. (d) The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (e) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of this part or any rule thereunder, or to seek any other relief (including relief against the Administrator or the Commission). (f) For purposes of this section, if a manufacturer or private labeler complied in good faith with a rule under this part, then he shall not be deemed to have violated any provision of this part by reason of the alleged invalidity of such rule.

2. 1978

   Pub. L. 95–619 § 425(f) · 92 Stat. 3206

   1. Struck · 42 U.S.C. § 6305(a)

      Pub. L. 95–619, § 425(f), struck out provision in par. (1) which excluded sections 6295 and 6302(a)(5) of this title and rules thereunder

   2. Struck · 42 U.S.C. § 6305(a)

      Pub. L. 95–619, § 425(f), struck out provision in par. (2) which excluded any act or duty under section 6295 or 6302(a)(5) of this title

   3. Inserted · 42 U.S.C. § 6305(a)

      Pub. L. 95–619, § 425(f), inserted provision giving district courts jurisdiction to order Federal agencies to perform particular acts or duties under this part

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–619, § 425(f), struck out provision in par. (1) which excluded sections 6295 and 6302(a)(5) of this title and rules thereunder, struck out provision in par. (2) which excluded any act or duty under section 6295 or 6302(a)(5) of this title, and inserted provision giving district courts jurisdiction to order Federal agencies to perform particular acts or duties under this part.

   Enacted provision · exact public law section
   (f) Amendments to Section 335.— Section 335(a) of such Act (42 U.S.C. 6305(a)) is amended— (1) by inserting after “or rule,” in the last sentence thereof the following: “or order such Federal agency to perform such act or duty,”, and (2) by striking out the parenthetical clauses in paragraphs (1) and (2) thereof.

3. 1978

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

   Substituted · 42 U.S.C. § 6305(b); 42 U.S.C. § 6305(c); 42 U.S.C. § 6305(e)

   Pub. L. 95–619, § 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (b), (c), (e). Pub. L. 95–619, § 691(b)(2), 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.

4. 1987

   National Appliance Energy Conservation Act of 1987

   Pub. L. 100–12 § 8 · 101 Stat. 103

   1. Added · 42 U.S.C. § 6305(a)

      Pub. L. 100–12, § 8, added par. (3)

   2. Inserted · 42 U.S.C. § 6305(a)

      Pub. L. 100–12, § 8, inserted at end “The courts shall advance on the docket, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the Secretary has failed to comply with a deadline established in section 6295 of this title, the court shall have jurisdiction to order appropriate relief, including relief that will ensure the Secretary’s compliance with future deadlines for the same covered product.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–12, § 8, added par. (3) and inserted at end “The courts shall advance on the docket, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the Secretary has failed to comply with a deadline established in section 6295 of this title, the court shall have jurisdiction to order appropriate relief, including relief that will ensure the Secretary’s compliance with future deadlines for the same covered product.”

   Enacted provision · exact public law section
   SEC. 8. CITIZEN SUITS. Section 335(a) of the Energy Policy and Conservation Act (42 U.S.C. 6305) is amended— (1) by striking out “or” at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof “, or”; (3) by inserting after paragraph (2) the following new paragraph: “(3) the Secretary in any case in which there is an alleged failure of the Secretary to comply with a nondiscretionary duty to issue a proposed or final rule according to the schedules set forth in section 325.”; and (4) by adding after the last sentence the following: “The courts shall advance on the docket, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the Secretary has failed to comply with a deadline established in section 325, the court shall have jurisdiction to order appropriate relief, including relief that will ensure the Secretary’s compliance with future deadlines for the same covered product.”

5. 1987

   National Appliance Energy Conservation Act of 1987

   Pub. L. 100–12 § 11(b)(7) · 101 Stat. 103

   Inserted · 42 U.S.C. § 6305(b)(f)

   Pub. L. 100–12, § 11(b)(7), inserted headings for subsecs. (b) to (f)

   Source evidence

   Code amendment note
   Subsecs. (b) to (f). Pub. L. 100–12, § 11(b)(7), inserted headings for subsecs. (b) to (f).

   Enacted provision · exact public law section
   (7) Section 335 is amended— (A) in subsection (b), by striking out “(b)” and inserting in lieu thereof “(b) Limitation.—”; (B) in subsection (c), by striking out “(c)” and inserting in lieu thereof “(c) Right to Intervene.—”; (C) in subsection (d), by striking out “(d)” and inserting in lieu thereof “(d) Award of Costs of Litigation.—”; (D) in subsection (e), by striking out “(e)” and inserting in lieu thereof “(e) Preservation of Other Relief.—”; and (E) in subsection (f), by striking out “(f)” and inserting in lieu thereof “(f) Compliance in Good Faith.—”.

8 of 8 references resolved to an enrolled provision