---
kind: "section"
citation: "33 U.S.C. § 1910"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1910"
heading: "Legal actions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/1910"
units:
  - "Chapter 33 — Prevention of Pollution from Ships"
---

# §1910. Legal actions

- (a) **Persons with adversely affected interests as plaintiffs; defendants—** Except as provided in [subsection (b)](#b) of this section, any [person](/usc/33/1901.md?p=a-10) having an interest which is, or can be, adversely affected, may bring an action on his own behalf—
  - (1) against any [person](/usc/33/1901.md?p=a-10) alleged to be in violation of the provisions of this chapter, or regulations issued hereunder;
  - (2) against the [Secretary](/usc/33/1901.md?p=a-11) where there is alleged a failure of the [Secretary](/usc/33/1901.md?p=a-11) to perform any act or duty under this chapter which is not discretionary with the [Secretary](/usc/33/1901.md?p=a-11);
  - (3) against the [Administrator](/usc/33/1901.md?p=a-1) where there is alleged a failure of the [Administrator](/usc/33/1901.md?p=a-1) to perform any act or duty under this chapter which is not discretionary; or
  - (4) against the [Secretary](/usc/33/1901.md?p=a-11) of the Treasury where there is alleged a failure of the [Secretary](/usc/33/1901.md?p=a-11) of the Treasury to take action under [section 1908(e) of this title](/usc/33/1908.md?p=e).
- (b) **Commencement conditions—** No action may be commenced under [subsection (a)](#a) of this section—
  - (1) prior to 60 days after the plaintiff has given notice, in writing and under oath, to the alleged violator, the [Secretary](/usc/33/1901.md?p=a-11) concerned or the [Administrator](/usc/33/1901.md?p=a-1), and the Attorney General; or
  - (2) if the [Secretary](/usc/33/1901.md?p=a-11) or the [Administrator](/usc/33/1901.md?p=a-1) has commenced enforcement or penalty action with respect to the alleged violation and is conducting such procedures diligently.
- (c) **Venue—** Any suit brought under this section shall be brought—
  - (1) in a case concerning an onshore facility or port, in the United States district court for the judicial district where the onshore facility or port is located;
  - (2) in a case concerning an offshore facility or offshore structure under the jurisdiction of the United States, in the United States district court for the judicial district nearest the offshore facility or offshore structure;
  - (3) in a case concerning a [ship](/usc/33/1901.md?p=a-12), in the United States district court for any judicial district wherein the [ship](/usc/33/1901.md?p=a-12) or its [owner](/usc/33/1901.md?p=a-8) or [operator](/usc/33/1901.md?p=a-9) may be found; or
  - (4) in any case, in the District Court for the District of Columbia.
- (d) **Costs; attorney fees; witness fees—** The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party including the Federal Government.
- (e) **Federal intervention—** In any action brought under this section, if the [Secretary](/usc/33/1901.md?p=a-11) or Attorney General are not parties of record, the United States, through the Attorney General, shall have the right to intervene.

## Source credit

(Pub. L. 96–478, § 11, Oct. 21, 1980, 94 Stat. 2302; Pub. L. 110–280, § 12, July 21, 2008, 122 Stat. 2615.)

## Notes

### Editorial Notes

### Amendments

2008—Subsec. (a)(3), (4). Pub. L. 110–280, § 12(1), added par. (3) and redesignated former par. (3) as (4).

Subsec. (b)(1). Pub. L. 110–280, § 12(2), substituted “concerned or the Administrator,” for “concerned,”.

Subsec. (b)(2). Pub. L. 110–280, § 12(3), inserted “or the Administrator” after “Secretary”.