Page:United States Statutes at Large Volume 122.djvu/3084

 12 2 STA T .306 1 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8orits r e si d e n ts mayb rin g ana c tion on be h a lf of the residents of the S tate in any U nited States district co u rt for the district in w hich the defendant is found or transacts business to obtain a p propriate in j uncti v e relief .‘ ‘ (2)INIT I A TI O NO FC I V I L ACTION. — ‘‘( A ) N OTIC E TO CO M MI S SION R E QU IRE D IN ALL CASES.— A State shall provide written notice to the C ommission regarding any civil action under paragraph ( 1 ). Ex cept when proceeding under subparagraph (C) , the State shall provide the notice at least 30 days before the date on which the State intends to initiate the civil action by filing a complaint. ‘‘( B ) F ILIN G OF COM P LAINT.—A State may initiate the civil action by filing a complaint— ‘‘(i) at any time after the date on which the 30 - day period ends or ‘‘(ii) earlier than such date if the Commission con- sents to an earlier initiation of the civil action by the State. ‘‘(C) ACTIONS INVOLVING SU B STANTIAL PRODUCT H A Z ARD.—Notwithstanding subparagraph (B), a State may initiate a civil action under paragraph (1) by filing a com- plaint immediately after notifying the Commission of the State ’ s determination that such immediate action is nec- essary to protect the residents of the State from a substan- tial product ha z ard (as defined in section 1 5 (a)). ‘‘( D ) FORM OF NOTICE.— T he written notice re q uired by this paragraph may be provided by electronic mail, facsimile machine, or any other means of communication accepted by the Commission. ‘‘(E) COP Y OF COMPLAINT.—A State shall provide a copy of the complaint to the Commission upon filing the complaint or as soon as possible thereafter. ‘‘(3) INTERVENTION BY THE COMMISSION.—The Commission may intervene in such civil action and upon intervening— ‘‘(A) be heard on all matters arising in such civil action; and ‘‘(B) file petitions for appeal of a decision in such civil action. ‘‘( 4 ) CONSTRUCTION.—Nothing in this section, section 5(d) of the Federal H azardous Substances Act (15 U.S.C. 12 6 4(d)), section 9 of the P oison Prevention Pac k aging Act of 19 7 0, or section 5(a) of the Flammable Fabrics Act (15 U.S.C. 1194(d)) shall be construed— ‘‘(A) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or ‘‘(B) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. ‘‘(5) L IMITATION.—No separate suit shall be brought under this subsection (other than a suit alleging a violation of para- graph (1) or (2) of section 19(a)) if, at the time the suit is brought, the same alleged violation is the subject of a pending civil or criminal action by the United States under this Act. Deadlin e .

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