15 U.S.C. § 2616

Specific enforcement and seizure

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(a) Specific enforcement(1) The district courts of the United States shall have jurisdiction over civil actions to—(A) restrain any violation of section 2614 or 2689 of this title,(B) restrain any person from taking any action prohibited by section 2604 of this title, 2605 of this title, or subchapter IV, or by a rule or order under section 2604 of this title, 2605 of this title, or subchapter IV,(C) compel the taking of any action required by or under this chapter, or(D) direct any manufacturer or processor of a chemical substance, mixture, or product subject to subchapter IV manufactured or processed in violation of section 2604 of this title, 2605 of this title, or subchapter IV, or a rule or order under section 2604 of this title, 2605 of this title, or subchapter IV, and distributed in commerce, (i) to give notice of such fact to distributors in commerce of such substance, mixture, or product and, to the extent reasonably ascertainable, to other persons in possession of such substance, mixture, or product or exposed to such substance, mixture, or product, (ii) to give public notice of such risk of injury, and (iii) to either replace or repurchase such substance, mixture, or product, whichever the person to which the requirement is directed elects.(2) A civil action described in paragraph (1) may be brought—(A) in the case of a civil action described in subparagraph (A) of such paragraph, in the United States district court for the judicial district wherein any act, omission, or transaction constituting a violation of section 2614 of this title occurred or wherein the defendant is found or transacts business, or(B) in the case of any other civil action described in such paragraph, in the United States district court for the judicial district wherein the defendant is found or transacts business.In any such civil action process may be served on a defendant in any judicial district in which a defendant resides or may be found. Subpoenas requiring attendance of witnesses in any such action may be served in any judicial district.(b) Seizure

Any chemical substance, mixture, or product subject to subchapter IV which was manufactured, processed, or distributed in commerce in violation of this chapter or any rule promulgated or order issued under this chapter or any article containing such a substance or mixture shall be liable to be proceeded against, by process of libel, for the seizure and condemnation of such substance, mixture, product, or article, in any district court of the United States within the jurisdiction of which such substance, mixture, product, or article is found. Such proceedings shall conform as nearly as possible to proceedings in rem in admiralty.

(Pub. L. 94–469, title I, § 17, Oct. 11, 1976, 90 Stat. 2037; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 102–550, title X, § 1021(b)(6), (7), Oct. 28, 1992, 106 Stat. 3923.)Editorial NotesAmendments

1992—Subsec. (a). Pub. L. 102–550, § 1021(b)(6), which directed that subsec. (a) be amended “to read as follows” and then set out the subsec. (a) designation and heading, followed by the par. (1) designation and text, without any restatement of par. (2), was executed as a general amendment of par. (1) only, to reflect the probable intent of Congress. Prior to amendment, par. (1) read as follows: “The district courts of the United States shall have jurisdiction over civil actions to—

“(A) restrain any violation of section 2614 of this title,

“(B) restrain any person from taking any action prohibited by section 2604 or 2605 of this title or by a rule or order under section 2604 or 2605 of this title,

“(C) compel the taking of any action required by or under this chapter, or

“(D) direct any manufacturer or processor of a chemical substance or mixture manufactured or processed in violation of section 2604 or 2605 of this title or a rule or order under section 2604 or 2605 of this title and distributed in commerce, (i) to give notice of such fact to distributors in commerce of such substance or mixture and, to the extent reasonably ascertainable, to other persons in possession of such substance or mixture or exposed to such substance or mixture, (ii) to give public notice of such risk of injury, and (iii) to either replace or repurchase such substance or mixture, whichever the person to which the requirement is directed elects.”

Subsec. (b). Pub. L. 102–550, § 1021(b)(7), in first sentence substituted “substance, mixture, or product subject to subchapter IV” for “substance or mixture” and inserted “product,” before “or article” in two places.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

Notes of Decisions

Cited in 6 cases, 1985–2020 · leading case: United States v. N.Y.C. Hous. Auth., 347 F. Supp. 3d 182 (S.D. Ill. 2018).

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United States v. N.Y.C. Hous. Auth., 347 F. Supp. 3d 182 (S.D. Ill. 2018). “As an initial matter, the Toxic Substances Control Act expressly confers upon district courts the authority to restrain any violation of certain prohibited acts, including the failure to comply with the federal lead-based paint rules promulgated by the EPA in 40 C.”

Ohio Ex Rel. Celebrezze v. Com. Oil Serv., Inc. (In Re Com. Oil Serv., Inc.), 58 B.R. 311 (Bankr. N.D. Ohio 1986). “, under the Toxic Substances Control Act (“TSCA”), 15 U.S.C. § 2616 . On September 27, 1985 the State of Ohio (“State”) filed suit in the Court of Common Pleas, Lucas County, Ohio, against Commercial Oil Service, Inc.”

Boliden Metech, Inc. v. United States, 695 F. Supp. 77 (D.R.I. 1988). “15 U.S.C. § 2616 . This Court does not find that §§ 2614 and 2616 of Title 15 were intended by Congress to provide an exclusive remedy for failure to permit entry under § 2610 of the Title, and thus to prevent the issuance of administrative warrants.”

United States v. Commonwealth Edison Co., 620 F. Supp. 1404 (N.D. Ill. 1985). “It gives district courts jurisdiction over civil actions to, inter alia, (1) restrain any violation of § 2614, (2) restrain action prohibited by § 2605 or applicable regulations, and (3) compel any action required by or under the TSCA, 15 U.S.C. § 2616 . The parties agree that §…”

Asbestos Disease Awareness Org. v. Wheeler (N.D. Cal. 2020). · cites it 2× “See 15 USCS § 2616(a)(1)(C). TSCA also allows the EPA administrator 7 to inspect facilities to ensure compliance with the statute, and the Administrator may even 8 subpoena witnesses and any reports, papers, documents, or other information he deems necessary.”

State of California v. United States Env't Prot. Agency (N.D. Cal. 2020). · cites it 2× “See 15 USCS § 2616(a)(1)(C). TSCA also allows the EPA administrator 7 to inspect facilities to ensure compliance with the statute, and the Administrator may even 8 subpoena witnesses and any reports, papers, documents, or other information he deems necessary.”

— 15 U.S.C. § 2616(a)(1)(C) — 2 cases

Asbestos Disease Awareness Org. v. Wheeler (N.D. Cal. 2020). “See 15 USCS § 2616(a)(1)(C). TSCA also allows the EPA administrator 7 to inspect facilities to ensure compliance with the statute, and the Administrator may even 8 subpoena witnesses and any reports, papers, documents, or other information he deems necessary.”

State of California v. United States Env't Prot. Agency (N.D. Cal. 2020). “See 15 USCS § 2616(a)(1)(C). TSCA also allows the EPA administrator 7 to inspect facilities to ensure compliance with the statute, and the Administrator may even 8 subpoena witnesses and any reports, papers, documents, or other information he deems necessary.”

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