Page:United States Statutes at Large Volume 86.djvu/1285

 86 STAT. ]

PUBLIC LAW 92-574-OCT. 27, 1972

(c) The district courts of the United States shall have jurisdiction of actions brought by and in the name of the United States to restrain any violations of section 10(a) of this Act. (d)(1) Whenever any person is in violation of section 10(a) of this Act, the Administrator may issue an order specifying such relief as he determines is necessary to protect the public health and welfare. (2) Any order under this subsection shall be issued only after notice and opportunity for a hearing in accordance with section 554 of title 5 of the United States Code. (e) The term "person," as used in this section, does not include a department, agency, or instrumentality of the United States.

1243 jurisdiction.

so Stat. 384. "Person."

CITIZEN syrrs SEC. 12. (a) Except as provided in subsection (b), any person (other than the United States) may commence a civil action on his own behalf— (1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any noise control requirement (as defined in subsection (e)), or (2) against— (A) the Administrator of the Environmental Protection Agency where there is alleged a failure of such Administrator to perform any act or duty under this Act which is not discretionary with such Administrator, or (B) the Administrator of the Federal Aviation Administration where there is alleged a failure of such Administrator to perform any act or duty under section 611 of the Federal Aviation Act of 1958 which is not discretionary with such Administrator. The district courts of the United States shall have jurisdiction, without regard to the aipount in controversy, to restrain such person from violating such noise control requirement or to order such Administrator to perform such act or duty, as the case may be. (b) No action may be commenced— (1) under subsection (a) (1')— (A) prior to sixty days after the plaintiff has given notice of the violation (i) to the Administrator of the Environmental Protection Agency (and to the Federal Aviation Administrator in the case of a violation of a noise control requirement under such section 611) and (ii) to any alleged violator of such requirement, or (B) if an Administrator has commenced and is diligently prosecuting a civil action to require compliance with the noise control requirement, but in amy such action in a court of the United States any person may intervene as a matter of right, or (2) under subsection (a)(2) prior to sixty days after the plaintiff has given notice to the defendant that he will commence such action. Notice under this subsection shall be given in such manner as the Administrator of the Environmental Protection Agency shall prescribe by regulation. (c) I n an action under this section, the Administrator of the Environmental Protection Agency, if not a party, may intervene as a matter of right. I n an action under this section respecting a noise control requirement under section 611 of the Federal Aviation Act of 1958,

use prec.

^^te, p. 1239. Jurisdiction.

Notice.

Intervention.

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