Page:United States Statutes at Large Volume 90 Part 2.djvu/574

 90 STAT. 2042 Notice.

Rule.

15 USC 2620.

Public hearing.

PUBLIC LAW 94-469—OCT. 11, 1976 (2) under subsection (a)(2) before the expiration of 60 days after the plaintiff has given notice to the Administrator of the alleged failure of the Administrator to perform an act or d u t y which is the basis for such action or, in the case of an action under such subsection for the failure of the Administrator to file an action under section 7, before the expiration of ten days after such notification. Notice under this subsection shall be given in such manner as the Administrator shall prescribe by rule. (c) GENERAL.— (1) I n any action under this section, the Administrator, if not a party, may intervene as a matter of right. (2) The court, in issuing any final order in any action brought pursuant to subsection (a), may award costs of suit and reasonable fees for attorneys and expert witnesses if the court determines that such an award is appropriate. Any court, in issuing its decision in an action brought to review such an order, may award costs of suit and reasonable fees for attorneys if the court determines that such an award is appropriate. (3) Nothing in this section shall restrict any r i g h t which any person (or class of persons) may have under any statute or common law to seek enforcement of this Act or any rule or order under this Act or to seek any other relief. (d) CONSOLIDATION.—When two or more civil actions brought under subsection (a) involving the same defendant and the sq,me issues or violations are pending in two or more judicial districts, «uch pending actions, upon application of such defendants to such actions which is made to a court in which any such action is brought, may, if such court in its discretion so decides, be consolidated for trial by order (issued after giving all parties reasonable notice and opportunity to be heard) of such court and tried in— (1) any district which is selected by such defendant and in which one of such actions is pending, (2) a district which is agreed upon by stipulation between all the parties to such actions and in which one of such actions is pending, or (3) a district which is selected by the court and in which one of such actions is pending. The court issuing such an order shall give p r o m p t notification of the order to the other courts in which the civil actions consolidated under the order are pending. SEC. 21. CITIZENS' PETITIONS. (a) IN GENERAL.—Any person may petition the Administrator to initiate a proceeding for the issuance, amendment, or repeal of a rule under section 4, 6, or 8 or an order under section 5(e) or (6)(b)(2). (b) PROCEDURES.— (1) Such petition shall be filed in the principal office of the Administrator and shall set forth the facts which it is claimed establish that it is necessary to issue, amend, or repeal a rule under section 4, 6, or 8 or an order under section 5(e), 6 (b)(1)(A), or 6 (b)(1)(B). (2) The Administrator may hold a public hearing or may conduct such investigation or proceeding as the Administrator deems appropriate in order to determine whether or not such petition should be granted. (3) W i t h i n 90 days after filing of a petition described in paragraph (1), the Administrator shall either g r a n t or deny the petition. If the Administrator g r a n t s such petition, the Administrator shall promptly

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