View all text of Subchapter III [§ 9651 - § 9662]
§ 9659. Citizens suits
(a) Authority to bring civil actions
Except as provided in subsections (d) and (e) of this section and in section 9613(h) of this title (relating to timing of judicial review), any person may commence a civil action on his own behalf—
(1) against any person (including the United States and 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 any standard, regulation, condition, requirement, or order which has become effective pursuant to this chapter (including any provision of an agreement under
(2) against the President or any other officer of the United States (including the Administrator of the Environmental Protection Agency and the Administrator of the ATSDR) where there is alleged a failure of the President or of such other officer to perform any act or duty under this chapter, including an act or duty under section 9620 of this title (relating to Federal facilities), which is not discretionary with the President or such other officer.
Paragraph (2) shall not apply to any act or duty under the provisions of section 9660 of this title (relating to research, development, and demonstration).
(b) Venue
(1) Actions under subsection (a)(1)
(2) Actions under subsection (a)(2)
(c) Relief
(d) Rules applicable to subsection (a)(1) actions
(1) Notice
No action may be commenced under subsection (a)(1) before 60 days after the plaintiff has given notice of the violation to each of the following:
(A) The President.
(B) The State in which the alleged violation occurs.
(C) Any alleged violator of the standard, regulation, condition, requirement, or order concerned (including any provision of an agreement under section 9620 of this title).
Notice under this paragraph shall be given in such manner as the President shall prescribe by regulation.
(2) Diligent prosecution
(e) Rules applicable to subsection (a)(2) actions
(f) Costs
(g) Intervention
(h) Other rights
(i) Definitions
(Pub. L. 96–510, title III, § 310, as added Pub. L. 99–499, title II, § 206, Oct. 17, 1986, 100 Stat. 1703.)