Page:United States Statutes at Large Volume 91.djvu/819

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 785

of the United States Code. The commencement of proceedings under 5 USC 701. this subparagraph shall not, unless ordered by the court, operate as Stay. a stay of the Secretary's order. "(2) An order of the Secretary with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial review in any criminal or other civil proceeding. "(d) Whenever a person has failed to comply with an order issued under subsection (b)(2), the Secretary may file a civil action in the United States district court for the district m which the violation was found to occur to enforce such order. In actions brought under this Jurisdiction. subsection, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief, compensatory, and exemplary damages. "(e)(1) Any person on whose behalf an order was issued under Final order. paragraph (2) of subsection (b) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. " (2) The court, in issuing any final order under this subsection, may Court costs. award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate. "(f) Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28 of the United States Code. "(g) Subsection (a) shall not apply with respect to any employee who, acting without direction from his employer (or the employer's agent), deliberately causes a violation of any requirement of this Act.". NATIONAL COMMISSION ON AIR QUALITY

SEC. 313. Title III of the Clean Air Act is amended by adding the following new section at the end thereof: " N A T I O N A L COMMISSION ON AIR QUALITY

"SEC. 323. (a) There is established a National Commission on Air Quality which shall study and report to the Congress on— "(1) available alternatives, including enforcement mechanisms to protect and enhance the quality of the Nation's air resources so as to promote the public health and welfare and to achieve the other purposes of the Act, including achievement and maintenance of national ambient air quality standards and in accordance with subsection (b)(2) of this section the prevention of significant deterioration of air quality; "(2) the economic, technology, and environmental consequences of achieving or not achieving the purposes of this Act and programs authorized by it; "(3) the technological capability of achieving and the economic, energy, and environmental and health effects of achieving or not achieving required emission control levels for mobile sources of oxides of nitrogen in relation to and independent of regulation of emissions ot oxides of nitrogen from stationary sourccvs; " (4) air pollutants not presently regulated, which pose or may in the future pose a threat to public health or public welfare and options available to regulate emissions of such pollutants;

Establishment. 42 USC 7623. Study. Report to Congress. Contents.

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