---
kind: "section"
citation: "42 U.S.C. § 4911"
title: "42"
title_heading: "The Public Health and Welfare"
number: "4911"
heading: "Citizen suits"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/4911"
units:
  - "Chapter 65 — Noise Control"
---

# §4911. Citizen suits

- (a) **Authority to commence suits—** Except as provided in [subsection (b)](#b), any [person](/usc/42/4902.md?p=2) (other than the United States) may commence a civil action on his own behalf—
  - (1) against any [person](/usc/42/4902.md?p=2) (including (A) the United States, and (B) any other governmental instrumentality or [agency](/usc/42/8262.md?p=1) to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in [violation](/usc/42/2000e–16a.md?p=c) of any noise control requirement (as defined in [subsection (e)](#e)[^1]), or
  - (2) against—
    - (A) the [Administrator](/usc/42/4902.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) where there is alleged a failure of such [Administrator](/usc/42/4902.md?p=1) to perform any act or duty under this chapter which is not discretionary with such [Administrator](/usc/42/4902.md?p=1), or
    - (B) the [Administrator](/usc/42/4902.md?p=1) of the Federal Aviation Administration where there is alleged a failure of such [Administrator](/usc/42/4902.md?p=1) to perform any act or duty under [section 44715 of title 49](/usc/49/44715.md) which is not discretionary with such [Administrator](/usc/42/4902.md?p=1).

  The district courts of the United States shall have jurisdiction, without regard to the amount in controversy, to restrain such [person](/usc/42/4902.md?p=2) from violating such noise control requirement or to order such [Administrator](/usc/42/4902.md?p=1) to perform such act or duty, as the case may be.

- (b) **Notice—** No action may be commenced—
  - (1) under [subsection (a)(1)](#a-1)—
    - (A) prior to sixty days after the plaintiff has given notice of the [violation](/usc/42/2000e–16a.md?p=c) (i) to the [Administrator](/usc/42/4902.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) (and to the Federal Aviation [Administrator](/usc/42/4902.md?p=1) in the case of a [violation](/usc/42/2000e–16a.md?p=c) of a noise control requirement under such [section 44715 of title 49](/usc/49/44715.md)) and (ii) to any alleged violator of such requirement, or
    - (B) if an [Administrator](/usc/42/4902.md?p=1) has commenced and is diligently prosecuting a civil action to require compliance with the noise control requirement, but in any such action in a court of the United States any [person](/usc/42/4902.md?p=2) may intervene as a matter of right, or
  - (2) under [subsection (a)(2)](#a-2) prior to sixty days after the plaintiff has given notice to the defendant that he will commence such action.

  Notice under this subsection shall be given in such manner as the [Administrator](/usc/42/4902.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) shall prescribe by regulation.

- (c) **Intervention—** In an action under this section, the [Administrator](/usc/42/4902.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1), if not a party, may intervene as a matter of right. In an action under this section respecting a noise control requirement under [section 44715 of title 49](/usc/49/44715.md), the [Administrator](/usc/42/4902.md?p=1) of the Federal Aviation Administration, if not a party, may also intervene as a matter of right.
- (d) **Litigation costs—** The court, in issuing any final order in any action brought pursuant to [subsection (a)](#a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such an award is appropriate.
- (e) **Other common law or statutory rights of action—** Nothing in this section shall restrict any right which any [person](/usc/42/4902.md?p=2) (or class of [persons](/usc/42/4902.md?p=2)) may have under any statute or common law to seek enforcement of any noise control requirement or to seek any other relief (including relief against an [Administrator](/usc/42/4902.md?p=1)).
- (f) **“Noise control requirement” defined—** For purposes of this section, the term “noise control requirement” means paragraph (1), (2), (3), (4), or (5) of [section 4909(a) of this title](/usc/42/4909.md?p=a), or a standard, rule, or regulation issued under section [4916](/usc/42/4916.md) or [4917](/usc/42/4917.md) of this title or under [section 44715 of title 49](/usc/49/44715.md).

## Footnotes

[^1]: So in original. Probably should be subsection “(f)”.

## Source credit

(Pub. L. 92–574, § 12, Oct. 27, 1972, 86 Stat. 1243.)

## Notes

### Editorial Notes

### Codification

In subsecs. (a)(2)(B), (b)(1)(A), (c), and (f), “section 44715 of title 49” substituted for “section 611 of the Federal Aviation Act of 1958” and “such section 611” on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.