Page:United States Statutes at Large Volume 89.djvu/990

 89 STAT. 930

PUBLIC LAW 94-163—DEC. 22, 1975 under this section, process may be served on a defendant in any other district in which the defendant resides or may be found. CITIZEN SUITS

42 USC 6305.

Jurisdiction.

Intervention. Costs.

SEC. 335. (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)). 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. ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

42 USC 6306.

SEC. 336. (a)(1) Rules under sections 323, 324, 325(a)(1), (2), or (3), 327(b), or 328 shall be prescribed in accordance with section 553 of title 5, United States Code, except that— (A) interested persons shall be afforded an opportunity to present written and oral data, views, and arguments with respect to any proposed rule, and

�