---
kind: "section"
citation: "42 U.S.C. § 6305"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6305"
heading: "Citizen suits"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6305"
units:
  - "Chapter 77 — Energy Conservation"
  - "Subchapter III — Improving Energy Efficiency"
  - "Part A — Energy Conservation Program for Consumer Products Other Than Automobiles"
---

# §6305. Citizen suits

- (a) **Civil actions; jurisdiction—** Except as otherwise provided in [subsection (b)](#b), any [person](/usc/42/6202.md?p=2) may commence a civil action against—
  - (1) any [manufacturer](/usc/42/6291.md?p=12) or [private labeler](/usc/42/6291.md?p=15-A) who is alleged to be in [violation](/usc/42/2000e–16a.md?p=c) of any provision of this part or any rule under this part;
  - (2) any Federal [agency](/usc/42/8262.md?p=1) which has a responsibility under this part where there is an alleged failure of such [agency](/usc/42/8262.md?p=1) to perform any act or duty under this part which is not discretionary; or
  - (3) the [Secretary](/usc/42/6202.md?p=1) in any case in which there is an alleged failure of the [Secretary](/usc/42/6202.md?p=1) to comply with a nondiscretionary duty to issue a proposed or final rule according to the schedules set forth in [section 6295 of this title](/usc/42/6295.md).

  The [United States](/usc/42/6202.md?p=5) district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such provision or rule, or order such Federal [agency](/usc/42/8262.md?p=1) to perform such act or duty, as the case may be. The courts shall advance on the docket, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the [Secretary](/usc/42/6202.md?p=1) has failed to comply with a deadline established in [section 6295 of this title](/usc/42/6295.md), the court shall have jurisdiction to order appropriate relief, including relief that will ensure the [Secretary](/usc/42/6202.md?p=1)’s compliance with future deadlines for the same [covered product](/usc/42/6291.md?p=2).

- (b) **Limitation—** No action may be commenced—
  - (1) under [subsection (a)(1)](#a-1)—
    - (A) prior to 60 days after the date on which the plaintiff has given notice of the [violation](/usc/42/2000e–16a.md?p=c) (i) to the [Secretary](/usc/42/6202.md?p=1), (ii) to the [Commission](/usc/42/6291.md?p=18), and (iii) to any alleged violator of such provision or rule, or
    - (B) if the [Commission](/usc/42/6291.md?p=18) has commenced and is diligently prosecuting a civil action to require compliance with such provision or rule, but, in any such action, any [person](/usc/42/6202.md?p=2) may intervene as a matter of right.
  - (2) under [subsection (a)(2)](#a-2) prior to 60 days after the date on which the plaintiff has given notice of such action to the [Secretary](/usc/42/6202.md?p=1) and [Commission](/usc/42/6291.md?p=18).

  Notice under this subsection shall be given in such manner as the [Commission](/usc/42/6291.md?p=18) shall prescribe by rule.

- (c) **Right to intervene—** In such action under this section, the [Secretary](/usc/42/6202.md?p=1) or the [Commission](/usc/42/6291.md?p=18) (or both), if not a party, may intervene as a matter of right.
- (d) **Award of costs of litigation—** 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 award is appropriate.
- (e) **Preservation of other relief—** Nothing in this section shall restrict any right which any [person](/usc/42/6202.md?p=2) (or class of [persons](/usc/42/6202.md?p=2)) may have under any statute or common law to seek enforcement of this part or any rule thereunder, or to seek any other relief (including relief against the [Secretary](/usc/42/6202.md?p=1) or the [Commission](/usc/42/6291.md?p=18)).
- (f) **Compliance in good faith—** For purposes of this section, if a [manufacturer](/usc/42/6291.md?p=12) or [private labeler](/usc/42/6291.md?p=15-A) complied in good faith with a rule under this part, then he shall not be deemed to have violated any provision of this part by reason of the alleged invalidity of such rule.

## Source credit

(Pub. L. 94–163, title III, § 335, Dec. 22, 1975, 89 Stat. 930; Pub. L. 95–619, title IV, § 425(f), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3266, 3288; Pub. L. 100–12, §§ 8, 11(b)(7), Mar. 17, 1987, 101 Stat. 122, 126.)

## Notes

### Editorial Notes

### Amendments

1987—Subsec. (a). Pub. L. 100–12, § 8, added par. (3) and inserted at end “The courts shall advance on the docket, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the Secretary has failed to comply with a deadline established in section 6295 of this title, the court shall have jurisdiction to order appropriate relief, including relief that will ensure the Secretary’s compliance with future deadlines for the same covered product.”

Subsecs. (b) to (f). Pub. L. 100–12, § 11(b)(7), inserted headings for subsecs. (b) to (f).

1978—Subsec. (a). Pub. L. 95–619, § 425(f), struck out provision in par. (1) which excluded sections 6295 and 6302(a)(5) of this title and rules thereunder, struck out provision in par. (2) which excluded any act or duty under section 6295 or 6302(a)(5) of this title, and inserted provision giving district courts jurisdiction to order Federal agencies to perform particular acts or duties under this part.

Subsecs. (b), (c), (e). Pub. L. 95–619, § 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.