Page:United States Statutes at Large Volume 90 Part 2.djvu/573

 PUBLIC LAW 94-469—OCT. 11, 1976 The term "evidence" as used in clause (i) means any matter in the rulemaking record. (C) A determination, rule, or ruling of the Administrator described in subparagraph (B) (ii) may be reviewed only in an action under this section and only in accordance with such subparagraph. (2) The judgment of the court affirming or setting aside, in whole or in part, any rule reviewed in accordance with this section shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28, United States Code. (d) FEES AND COSTS.—The decision of the court in an action commenced under subsection (a), or of the Supreme Court of the United States on review of such a decision, may include an award of costs of suit and reasonable fees for attorneys and expert witnesses if the court determines that such an award is appropriate. (e) OTHER REMEDIES.—The remedies as provided in this section shall be in addition to and not in lieu of any other remedies provided by law. SEC. 20. CITIZENS' CIVIL ACTIONS. (a) IN GENERAL.—Except as provided in subsection (b), any person may commence a civil action— (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 this Act or any>rule promulgated under section 4, 5, or 6 or order issued under section 5 to restrain such violation, or (2) against the Administrator to compel the Administrator to perform any act or duty under this Act which is not discretionary. Any civil action under paragraph (1) shall be brought in the United States district court for the district in which the alleged violation occurred or in which the defendant resides or in which the defendant's principal place of business is located. Any action brought under paragraph (2) shall be brought in the United States District Court for the District of Columbia, or the United States district court for the judicial district in which the plaintiff is domiciled. The district courts of the United States shall have jurisdiction over suits brought under this section, without regard to the amount in controversy or the citizenship of the parties. In any civil action under this subsection process may be served on a defendant in any judicial district in which the defendant resides or may be found and subpoenas for witnesses may be served in any judicial district. (b) LIMITATION.—No civil action may be commenced— (1) under subsection (a)(1) to restrain a violation of this Act or rule or order under this Act— (A) before the expiration of 60 days after the plaintiff has given notice of such violation (i) to the Administrator, and (ii) to the person who is alleged to have committed such violation, or (B) if the Administrator has commenced and is diligently prosecuting a proceeding for the issuance of an order under section 16(a)(2) to require compliance with this Act or with such rule or order or if the Attorney General has commenced and is diligently prosecuting a civil action in a court of the United States to require compliance with this Act or with such rule or order, but if such proceeding or civil action is commenced after the giving of notice, any person giving such notice may intervene as a matter of right in such proceeding or action; or

90 STAT. 2041 "Evidence."

15 USC 2619.

Jurisdiction,

Notice.

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