The Federal Rules of Civil Procedure, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Section was formerly classified to section 1857h–2 of this title.
1990—Subsec. (a). Pub. L. 101–549, § 707(a), (f), in closing provisions, inserted before period at end “, and to apply any appropriate civil penalties (except for actions under paragraph (2))” and inserted sentences at end giving courts jurisdiction to compel agency action unreasonably delayed and requiring 180 days notice prior to commencement of action.
Subsec. (a)(1), (3). Pub. L. 101–549, § 707(g), inserted “to have violated (if there is evidence that the alleged violation has been repeated) or” before “to be in violation”.
Subsec. (b). Pub. L. 101–549, § 302(f), substituted “section 7412(i)(3)(A) or (f)(4)” for “section 7412(c)(1)(B)” in closing provisions.
Subsec. (c)(2). Pub. L. 101–549, § 707(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “In such action under this section, the Administrator, if not a party, may intervene as a matter of right.”
Subsec. (c)(3). Pub. L. 101–549, § 707(d), added subsec. (c)(3).
Subsec. (f)(3). Pub. L. 101–549, § 707(e), struck out “any condition or requirement of section 7413(d) of this title (relating to certain enforcement orders)” before “, section 7419 of this title”, substituted “subchapter VI” for “part B of subchapter I”, and substituted “; or” for period at end.
Subsec. (f)(4). Pub. L. 101–549, § 707(e), which directed that par. (4) be added at end of subsec. (f), was executed by adding par. (4) after par. (3), to reflect the probable intent of Congress.
Subsec. (g). Pub. L. 101–549, § 707(b), added subsec. (g).
1977—Subsec. (a)(3). Pub. L. 95–190, § 14(a)(77), inserted “or modified” after “new”.
Pub. L. 95–95, § 303(a), added subsec. (a)(3).
Subsec. (e). Pub. L. 95–95, § 303(c), inserted provisions which prohibited any construction of this section or any other law of the United States which would prohibit, exclude, or restrict any State, local, or interstate authority from bringing any enforcement action or obtaining any judicial remedy or sanction in any State or local court against the United States or bringing any administrative enforcement action or obtaining any administrative remedy or sanction against the United States in any State or local administrative agency, department, or instrumentality under State or local law.
Subsec. (f)(3). Pub. L. 95–190, § 14(a)(78), inserted “, or” after “(relating to ozone protection)”, substituted “any condition or requirement under an” for “requirements under an”, and struck out “or” before “section 7491”.
Pub. L. 95–95, § 303(b), added par. (3).
Pub. L. 101–549, title VII, § 707(g),
For termination, effective
Suits, actions, and other proceedings lawfully commenced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act
All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued made, or taken by or pursuant to act