Page:United States Statutes at Large Volume 88 Part 2.djvu/825

 88 STAT. ]

PUBLIC LAW 93-627-JAN. 3, 1975

the Secretary under this paragraph shall be brought in the district court for the District of Columbia or the district of the appropriate adjacent coastal State. I n suits brought under this Act, the district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any provision of this Act or any condition of a license issued pursuant to this Act, or to order the Secretary to perform such act or duty, as the case may be. (b) No civil action may be commenced— (1) under subsection (a)(1) of this section— (A) prior to 60 days after the plaintiff has given notice of the violation (i) to the Secretary and (ii) to any alleged violator; or (B) if the Secretary or the Attorney General has commenced and is diligently prosecuting a civil or criminal action with respect to such matters in a court of the United States, but in any such action any person may intervene as a matter of right; or (2) under subsection (a)(2) of this section prior to 60 days after the plaintiff has given notice of such action to the Secretary. Notice under this subsection shall be given in such a manner as the Secretary shall prescribe by regulation. (c) In any action under this section, the Secretary or the Attorney General, 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 that such an 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 or to seek any other relief.

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J^^sdiction.

J U D I C I A L REVIEW

SEC. 17. Any person suffering legal wrong, or who is adversely affected or aggrieved by the Secretary's decision to issue, transfer, modify, renew, suspend, or revoke a license may, not later than 60 days after any such decision is made, seek judicial review of such decision in the United States Court of Appeals for the circuit within which the nearest adjacent coastal State is located. A person shall be deemed to be aggrieved by the Secretary's decision within the meaning of this Act if he— (A) has participated in the administrative proceedings before the Secretary (or if he did not so participate, he can show that his failure to do so was caused by the Secretary's failure to provide the required notice); and (B) is adversely affected by the Secretary's action.

33 USC isie.

LIABILITY

SEC. 18. (a)(1) The discharge of oil into the marine environment on discharge, from a vessel within any safety zone, from a vessel which has received ^l^'usc^i'si? oil from another vessel at a deepwater port, or from a deepwater port is prohibited. (2) The owner or operator of a vessel or the licensee of a deepwater P^^aity. port from which oil is discharged in violation of this subsection shall be assessed a civil penalty of not more than $10,000 for each violation.

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