49 U.S.C. § 60121

Actions by private persons

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(a)General Authority.—(1) A person may bring a civil action in an appropriate district court of the United States for an injunction against another person (including the United States Government and other governmental authorities to the extent permitted under the 11th amendment to the Constitution) for a violation of this chapter or a regulation prescribed or order issued under this chapter. However, the person—(A) may bring the action only after 60 days after the person has given notice of the violation to the Secretary of Transportation or to the appropriate State authority (when the violation is alleged to have occurred in a State certified under section 60105 of this title) and to the person alleged to have committed the violation;(B) may not bring the action if the Secretary or authority has begun and diligently is pursuing an administrative proceeding for the violation; and(C) may not bring the action if the Attorney General of the United States, or the chief law enforcement officer of a State, has begun and diligently is pursuing a judicial proceeding for the violation.(2) The Secretary shall prescribe the way in which notice is given under this subsection.(3) The Secretary, with the approval of the Attorney General, or the Attorney General may intervene in an action under paragraph (1) of this subsection.(b)Costs and Fees.—The court may award costs, reasonable expert witness fees, and a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this section. The court may award costs to a prevailing defendant when the action is unreasonable, frivolous, or meritless. In this subsection, a reasonable attorney’s fee is a fee—(1) based on the actual time spent and the reasonable expenses of the attorney for legal services provided to a person under this section; and(2) computed at the rate prevailing for providing similar services for actions brought in the court awarding the fee.(c)State Violations as Violations of This Chapter.—In this section, a violation of a safety standard or practice of a State is deemed to be a violation of this chapter or a regulation prescribed or order issued under this chapter only to the extent the standard or practice is not more stringent than a comparable minimum safety standard prescribed under this chapter.(d)Additional Remedies.—A remedy under this section is in addition to any other remedies provided by law. This section does not restrict a right to relief that a person or a class of persons may have under another law or at common law.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1324.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
60121(a)(1)	49 App.:1686(a), (b) (1st sentence).	Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 19; added Oct. 11, 1976, Pub. L. 94–477, § 8, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, § 104(b), 93 Stat. 992.
	49 App.:2014(a), (b) (1st sentence).	Nov. 30, 1979, Pub. L. 96–129, § 215, 93 Stat. 1014.
60121(a)(2)	49 App.:1686(b) (last sentence).
	49 App.:2014(b) (last sentence).
60121(a)(3)	49 App.:1686(c).
	49 App.:2014(c).
60121(b)	49 App.:1686(e).
	49 App.:2014(e).
60121(c)	49 App.:1686(f).
	49 App.:2014(f).
60121(d)	49 App.:1686(d).
	49 App.:2014(d).

In subsection (a)(1), before clause (A), the text of 49 App.:1686(a) (last sentence, words after the comma) and 2014(a) (last sentence, words after the comma) is omitted as surplus because the amount in controversy is no longer a criterion. The word “bring” is substituted for “commence” for consistency in the revised title and with other titles of the United States Code. The words “mandatory or prohibitive”, “including interim equitable relief”, “State, municipality, or”, and “alleged to be” are omitted as surplus. The word “prescribed” is added for consistency in the revised title and with other titles of the Code.

In subsection (a)(2), the words “by regulation” are omitted as surplus because of 49:322(a).

In subsection (a)(3), the words “as a matter of right” are omitted as surplus.

In subsection (b), before clause (1), the words “in the interest of justice” and “of suit, including” are omitted as surplus. In clause (1), the words “by an attorney” and “advice and other” are omitted as surplus. The words “provided to a person under this section” are substituted for “providing . . . in connection with representing a person in an action brought under this section” to eliminate unnecessary words.

In subsection (c), the word “Federal” is omitted as surplus. The words “prescribed under this chapter” are added for clarity.

In subsection (d), the words “enforcement of this chapter or any order or regulation under this chapter or to seek any other” are omitted as surplus.

Notes of Decisions

Cited in 17 cases (4 in the last 5 years), 1995–2022 · leading case: Marx v. Gen. Revenue Corp., 133 S. Ct. 1166 (2013).

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Marx v. Gen. Revenue Corp., 133 S. Ct. 1166 (2013). · cites it 2× “”8 —————— 8 Marx also suggests that §1692k(a)(3) is similar to the Pipeline Safety Act, 49 U. S. C. §60121 (b), which provides: “The court may award costs to a prevailing defendant when the action is unreasonable, frivo- lous, or meritless.”

Laclede Gas Co. v. St. Charles Cnty., 713 F.3d 413 (8th Cir. 2013). · cites it 4× “” 49 U.S.C. § 60121 (a)(1). Section 60123(b) states that “[a] person knowingly and willfully damaging or destroying an interstate gas pipeline facility .”

Chevron U.S.A. Inc. v. Apex Oil Co., 113 F. Supp. 3d 807 (D. Maryland 2015). “; the Pipeline Safety Act (“PSA”), 49 U.S.C. § 60121 et seq.; the Maryland Environmental Article, Md.”

City & Cnty. of San Francisco v. U.S. Dep't of Transp., 796 F.3d 993 (9th Cir. 2015). “” 49 U.S.C. § 60121 (a). In other words, private citizen suits are authorized for substantive statutory or regulatory violations.”

Am. Energy Corp. v. Texas E. Transmission, LP, 701 F. Supp. 2d 921 (S.D. Ohio 2010). · cites it 2× “, 49 U.S.C. § 60121 (d) (“This section does not restrict a right to relief that a person .”

Wyble v. Gulf South Pipeline Co., LP, 308 F. Supp. 2d 733 (E.D. Tex. 2004). · cites it 3× “, filed their original complaint, seeking injunctive relief pursuant to the citizen suit provision of the Pipeline Safety Act, 49 U.S.C. § 60121 . On May 27, 2003, six new Plaintiffs, Jacksonville ISD 1 , S n ider Industries, LLP, Snider Timberland, FLP, Hemby Living Trust, M.”

Abramson v. Florida Gas Transmission Co., 909 F. Supp. 410 (E.D. La. 1995). “” 49 U.S.C. § 60121 (d). Thus, the Court rejects Henkels and McCoy’s argument that plaintiffs’ claim is preempted by federal law.”

Petco Petroleum Corp. v. Nat. Gas Pipeline Co. of Am., 410 F. Supp. 2d 715 (S.D. Ill. 2006). “Jurisdictional Requirement The Court begins with the provision of the NGPSA that authorizes private causes of action: *719 A person may bring a civil action in an appropriate district court of the United States for an injunction against another person .”

Abarca v. Chevron U.S.A., Inc., 75 F. Supp. 2d 566 (E.D. Tex. 1999). “§ (TSCA); and 49 U.S.C. § 60121 (Pipeline Safety Act).”

Stutler v. Marathon Pipe Line Co., 998 F. Supp. 968 (S.D. Ind. 1998). “” 49 U.S.C. § 60121 (d). Accordingly, Plaintiffs argue, the Act does not completely preempt any of their claims against Marathon.”

Friends of the Aquifer, Inc. v. Mineta, 150 F. Supp. 2d 1297 (N.D. Fla. 2001). “49 U.S.C. § 60121 (a). 3 While it authorized actions for injunctive relief, however, Congress did not authorize any other kind of action by private persons' — not actions for declaratory judgment, not actions for damages, and not actions to compel compliance with statutory…”

Virginia Nat. Gas, Inc. v. L.M. Sandler & Sons, 268 F. Supp. 3d 849 (E.D. Va. 2017). · cites it 2× “The Defendants indicate that the Plaintiffs allegations provide this court with subject matter jurisdiction under 49 U.S.C §§ 60121(a) (1). Resp. at 3. While § 60121(a) (1) does provide for civil actions by private persons for injunctions enjoining violations of the Natural Gas…”

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— 49 U.S.C. § 60121(a) — 1 case

Virginia Nat. Gas, Inc. v. L.M. Sandler & Sons, 268 F. Supp. 3d 849 (E.D. Va. 2017). “The Defendants indicate that the Plaintiffs allegations provide this court with subject matter jurisdiction under 49 U.S.C §§ 60121(a) (1). Resp. at 3. While § 60121(a) (1) does provide for civil actions by private persons for injunctions enjoining violations of the Natural Gas…”

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