U.S. Code » Title 42 » Chapter CHAPTER 99— OCEAN THERMAL ENERGY CONVERSION › Subchapter SUBCHAPTER I— REGULATION OF OCEAN THERMAL ENERGY CONVERSION FACILITIES AND PLANTSHIPS

42 U.S.C. § 9124

Civil actions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar
(a) JurisdictionExcept as provided in subsection (b) of this section, any person having a valid legal interest which is or may be adversely affected may commence a civil action for equitable relief on his own behalf in the United States District Court for the District of Columbia whenever such action constitutes a case or controversy—(1) against any person who is alleged to be in violation of any provision of this chapter or any regulation or condition of a license issued pursuant to this chapter; or(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary.In suits brought under this chapter, the district courts of the United States shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any provision of this chapter or any regulation or term or condition of a license issued pursuant to this chapter or to order the Administrator to perform such act or duty, as the case may be.(b) NoticeNo civil action may be commenced—(1) under subsection (a)(1) of this section—(A) prior to 60 days after the plaintiff has given notice of the violation to the Administrator and to any alleged violator; or(B) if the Administrator or the Attorney General has commenced and is diligently prosecuting a civil or criminal action with respect to such matters in a court of the United States, but in any such action any person may intervene as a matter of right; or(2) under subsection (a)(2) of this section prior to 60 days after the plaintiff has given notice of such action to the Administrator.Notice under this subsection shall be given in such a manner as the Administrator shall prescribe by regulation.(c) Right of Administrator or Attorney General to intervene

In any action under this section, the Administrator or the Attorney General, if not a party, may intervene as a matter of right.

(d) Award of costs

The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines that such an award is appropriate.

(e) Other remedies not restricted

Nothing in this section shall restrict any right which any person or class of persons may have under any statute or common law to seek enforcement or to seek any other relief.

(Pub. L. 96–320, title I, § 114, Aug. 3, 1980, 94 Stat. 990.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.

Notes of Decisions
Cited in 13 cases, 1983–2017 · leading case: Marek v. Chesny, 473 U.S. 1 (1985).
Sort: Relevance Newest Treatment
Marek v. Chesny, 473 U.S. 1 (1985). · cites it 2× “990 , 42 U. S. C. § 9124 (d). 53. Outer Continental Shelf Lands Act Amendments of 1978, 92 Stat.”
Ruckelshaus v. Sierra Club, 463 U.S. 680 (1983). · cites it 2× “V); Ocean Thermal Energy Conversion Act, 42 U. S. C. § 9124 (d) (1976 ed., Supp. V); and Outer Continental Shelf Lands Act, 43 U.”
Hallstrom v. Tillamook Cnty., 493 U.S. 20 (1990). · cites it 2× “); and § 114(b) of the Ocean Thermal Energy Conversion Act of 1980, 42 U. S. C. § 9124 (b) (1982 ed.). [2] The Courts of Appeals for the First and Seventh Circuits, as well as the Court of Appeals for the Ninth Circuit in this case, have construed the notice provision as a…”
Bennett v. Spear, 520 U.S. 154 (1997). “whenever such action constitutes a case or controversy,” 42 U. S. C. § 9124 (a) (Ocean Thermal Energy Conversion Act).”
Int'l Woodworkers of Am., Afl-Cio & Its Local No. 5-376 v. Champion Int'l Corp., 790 F.2d 1174 (5th Cir. 1986). “§ 8435 (d) (citizen’s suit to compel compliance with provisions governing power plant and industrial fuel use); (25) Ocean Thermal Energy Conversion *1180 Act of 1980, 42 U.S.C. § 9124 (d) (citizen's action to compel compliance with provisions regarding ocean thermal energy…”
Kenny A. Ex Rel. Winn v. Perdue, 547 F.3d 1319 (11th Cir. 2008). · cites it 2× “§ 8435 (d); Ocean Thermal Energy Conversion Act of 1980, 42 U.S.C. § 9124 (d); Outer Continental Shelf Lands Act Amendments of 1978, 43 U.”
Cleveland Assets, LLC v. United States, 132 Fed. Cl. 264 (Fed. Cl. 2017). “§ 797 (b)(5) (“[a]ny person suffering legal wrong because of any act or practice arising out of any violation of subsection (a) of this section”); and the Ocean Thermal Energy Conversion Act, 42 U.S.C. § 9124 (a) (“any person having a valid legal interest which is or may be…”
Grand Council of the Crees v. Fed. Energy Regulatory Comm'n, 198 F.3d 950 (D.C. Cir. 2000). “§ 1365 (g) (defining “citizen” for purposes of the citizen-suit provision in § 1365(a) as “[any person] having an interest which is or may be adversely affected”), and the Ocean Thermal Energy Conversion Act, 42 U.S.C. § 9124 (a) (providing that “any person having a valid legal…”
Sierra Club v. Hawaii Tourism Auth., 59 P.3d 877 (Haw. 2002). “whenever such action constitutes a case or controversy,” 42 U.S.C. §§ 9124 (a) (Ocean Thermal Energy Conversion Act).”
Chenega Corp. v. Exxon Corp., 991 P.2d 769 (Alaska 1999). “§ 1365 (a) (1986) (Clean Water Act) ("any citizen may commence a civil action on his own behalf”); 42 U.S.C. § 9124 (a) (1995) (Ocean Thermal Energy Conversion Act) ("any person having a valid legal interest which is or may be adversely affected may commence a civil action for…”
Coulter v. Tennessee, 805 F.2d 146 (6th Cir. 1986). “§ 1415 (g)(4) Ocean Thermal Energy Conservation Act of 1980, 42 U.S.C. § 9124 (d) Omnibus Crime Control and Safe Streets Act of 1968, 42 U.”
West Virginia Univ. Hospitals, Inc. v. Casey, 499 U.S. 83 (1991). · cites it 2× “§ 8435 (d) ("costs of litigation (including reasonable attorney and expert witness fees)"); Ocean Thermal Energy Conversion Act of 1980, 42 U. S. C. § 9124 (d) (same); Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.”
Show all 13 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.