---
kind: "section"
citation: "42 U.S.C. § 6972"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6972"
heading: "Citizen suits"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6972"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter VII — Miscellaneous Provisions"
---

# §6972. Citizen suits

- (a) **In general—** Except as provided in subsection [(b)](#b) or [(c)](#c) of this section, any [person](/usc/42/6903.md?p=15) may commence a civil action on his own behalf—
  - (1)
    - (A) against any [person](/usc/42/6903.md?p=15) (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 permit, standard, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this chapter; or
    - (B) against any [person](/usc/42/6903.md?p=15), including the United States and any other governmental instrumentality or [agency](/usc/42/8262.md?p=1), to the extent permitted by the eleventh amendment to the Constitution, and including any past or present generator, past or present transporter, or past or present [owner](/usc/42/13641.md?p=4) or operator of a [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) facility, who has contributed or who is contributing to the past or present handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), transportation, or [disposal](/usc/42/6903.md?p=3) of any solid or [hazardous waste](/usc/42/6903.md?p=5) which may present an imminent and substantial endangerment to health or the environment; or
  - (2) against the [Administrator](/usc/42/6903.md?p=1) where there is alleged a failure of the [Administrator](/usc/42/6903.md?p=1) to perform any act or duty under this chapter which is not discretionary with the [Administrator](/usc/42/6903.md?p=1).

  Any action under [paragraph (a)(1)](#a-1) of this subsection shall be brought in the district court for the district in which the alleged [violation](/usc/42/2000e–16a.md?p=c) occurred or the alleged endangerment may occur. Any action brought under [paragraph (a)(2)](#a-2) of this subsection may be brought in the district court for the district in which the alleged [violation](/usc/42/2000e–16a.md?p=c) occurred or in the District Court of the District of Columbia. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce the permit, standard, regulation, condition, requirement, prohibition, or order, referred to in [paragraph (1)(A)](#a-1-A), to restrain any [person](/usc/42/6903.md?p=15) who has contributed or who is contributing to the past or present handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), transportation, or [disposal](/usc/42/6903.md?p=3) of any solid or [hazardous waste](/usc/42/6903.md?p=5) referred to in [paragraph (1)(B)](#a-1-B), to order such [person](/usc/42/6903.md?p=15) to take such other action as may be necessary, or both, or to order the [Administrator](/usc/42/6903.md?p=1) to perform the act or duty referred to in [paragraph (2)](#a-2), as the case may be, and to apply any appropriate civil penalties under [section 6928(a)](/usc/42/6928.md?p=a) and (g) of this title.

- (b) **Actions prohibited—**
  - (1) No action may be commenced under [subsection (a)(1)(A)](#a-1-A) of this section—
    - (A) prior to 60 days after the plaintiff has given notice of the [violation](/usc/42/2000e–16a.md?p=c) to—
      - (i) the [Administrator](/usc/42/6903.md?p=1);
      - (ii) the [State](/usc/42/6903.md?p=31) in which the alleged [violation](/usc/42/2000e–16a.md?p=c) occurs; and
      - (iii) to any alleged violator of such permit, standard, regulation, condition, requirement, prohibition, or order,

      except that such action may be brought immediately after such notification in the case of an action under this section respecting a [violation](/usc/42/2000e–16a.md?p=c) of subchapter III of this chapter; or

    - (B) if the [Administrator](/usc/42/6903.md?p=1) or [State](/usc/42/6903.md?p=31) has commenced and is diligently prosecuting a civil or criminal action in a court of the United States or a [State](/usc/42/6903.md?p=31) to require compliance with such permit, standard, regulation, condition, requirement, prohibition, or order.

    In any action under [subsection (a)(1)(A)](#a-1-A) in a court of the United States, any [person](/usc/42/6903.md?p=15) may intervene as a matter of right.

  - (2)
    - (A) No action may be commenced under [subsection (a)(1)(B)](#a-1-B) of this section prior to ninety days after the plaintiff has given notice of the endangerment to—
      - (i) the [Administrator](/usc/42/6903.md?p=1);
      - (ii) the [State](/usc/42/6903.md?p=31) in which the alleged endangerment may occur;
      - (iii) any [person](/usc/42/6903.md?p=15) alleged to have contributed or to be contributing to the past or present handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), transportation, or [disposal](/usc/42/6903.md?p=3) of any solid or [hazardous waste](/usc/42/6903.md?p=5) referred to in [subsection (a)(1)(B)](#a-1-B),

      except that such action may be brought immediately after such notification in the case of an action under this section respecting a [violation](/usc/42/2000e–16a.md?p=c) of subchapter III of this chapter.

    - (B) No action may be commenced under [subsection (a)(1)(B)](#a-1-B) of this section if the [Administrator](/usc/42/6903.md?p=1), in order to restrain or abate acts or conditions which may have contributed or are contributing to the activities which may present the alleged endangerment—
      - (i) has commenced and is diligently prosecuting an action under [section 6973 of this title](/usc/42/6973.md) or under section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [[42 U.S.C. 9606](/usc/42/9606.md)],[^1]
      - (ii) is actually engaging in a removal action under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [[42 U.S.C. 9604](/usc/42/9604.md)];
      - (iii) has incurred costs to initiate a Remedial Investigation and Feasibility Study under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [[42 U.S.C. 9604](/usc/42/9604.md)] and is diligently proceeding with a remedial action under that Act [[42 U.S.C. 9601](/usc/42/9601.md) et seq.]; or
      - (iv) has obtained a court order (including a consent decree) or issued an administrative order under section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 980[^2] [[42 U.S.C. 9606](/usc/42/9606.md)] or [section 6973 of this title](/usc/42/6973.md) pursuant to which a responsible party is diligently conducting a removal action, Remedial Investigation and Feasibility Study (RIFS), or proceeding with a remedial action.

      In the case of an administrative order referred to in [clause (iv)](#b-2-B-iv), actions under [subsection (a)(1)(B)](#a-1-B) are prohibited only as to the scope and duration of the administrative order referred to in [clause (iv)](#b-2-B-iv).

    - (C) No action may be commenced under [subsection (a)(1)(B)](#a-1-B) of this section if the [State](/usc/42/6903.md?p=31), in order to restrain or abate acts or conditions which may have contributed or are contributing to the activities which may present the alleged endangerment—
      - (i) has commenced and is diligently prosecuting an action under [subsection (a)(1)(B)](#a-1-B);
      - (ii) is actually engaging in a removal action under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [[42 U.S.C. 9604](/usc/42/9604.md)]; or
      - (iii) has incurred costs to initiate a Remedial Investigation and Feasibility Study under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [[42 U.S.C. 9604](/usc/42/9604.md)] and is diligently proceeding with a remedial action under that Act [[42 U.S.C. 9601](/usc/42/9601.md) et seq.].
    - (D) No action may be commenced under [subsection (a)(1)(B)](#a-1-B) by any [person](/usc/42/6903.md?p=15) (other than a [State](/usc/42/6903.md?p=31) or local government) with respect to the siting of a [hazardous waste](/usc/42/6903.md?p=5) [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or a [disposal](/usc/42/6903.md?p=3) facility, nor to restrain or enjoin the issuance of a permit for such facility.
    - (E) In any action under [subsection (a)(1)(B)](#a-1-B) in a court of the United States, any [person](/usc/42/6903.md?p=15) may intervene as a matter of right when the applicant claims an interest relating to the subject of the action and he is so situated that the disposition of the action may, as a practical matter, impair or impede his ability to protect that interest, unless the [Administrator](/usc/42/6903.md?p=1) or the [State](/usc/42/6903.md?p=31) shows that the applicant’s interest is adequately represented by existing parties.
    - (F) Whenever any action is brought under [subsection (a)(1)(B)](#a-1-B) in a court of the United States, the plaintiff shall serve a copy of the complaint on the Attorney General of the United States and with the [Administrator](/usc/42/6903.md?p=1).
- (c) **Notice—** No action may be commenced under paragraph (a)(2) of this section prior to sixty days after the plaintiff has given notice to the [Administrator](/usc/42/6903.md?p=1) that he will commence such action, except that such action may be brought immediately after such notification in the case of an action under this section respecting a [violation](/usc/42/2000e–16a.md?p=c) of subchapter III. Notice under this subsection shall be given in such manner as the [Administrator](/usc/42/6903.md?p=1) shall prescribe by regulation. Any action respecting a [violation](/usc/42/2000e–16a.md?p=c) under this chapter may be brought under this section only in the judicial district in which such alleged [violation](/usc/42/2000e–16a.md?p=c) occurs.
- (d) **Intervention—** In any action under this section the [Administrator](/usc/42/6903.md?p=1), if not a party, may intervene as a matter of right.
- (e) **Costs—** The court, in issuing any final order in any action brought pursuant to this section or [section 6976 of this title](/usc/42/6976.md), may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or substantially prevailing party, whenever the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.
- (f) **Other rights preserved—** Nothing in this section shall restrict any right which any [person](/usc/42/6903.md?p=15) (or class of [persons](/usc/42/6903.md?p=15)) may have under any statute or common law to seek enforcement of any standard or requirement relating to the management of [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5), or to seek any other relief (including relief against the [Administrator](/usc/42/6903.md?p=1) or a [State agency](/usc/42/300s–3.md?p=12)).
- (g) **Transporters—** A transporter shall not be deemed to have contributed or to be contributing to the handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), or [disposal](/usc/42/6903.md?p=3), referred to in [subsection (a)(1)(B)](#a-1-B) taking place after such [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) has left the possession or control of such transporter, if the transportation of such waste was under a sole contractual arrangement arising from a published tariff and acceptance for carriage by common carrier by rail and such transporter has exercised due care in the past or present handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), transportation and [disposal](/usc/42/6903.md?p=3) of such waste.

## Footnotes

[^1]: So in original. The comma probably should be a semicolon.
[^2]: So in original. Probably should be “1980”.

## Source credit

(Pub. L. 89–272, title II, § 7002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2825; amended Pub. L. 95–609, § 7(p), Nov. 8, 1978, 92 Stat. 3083; Pub. L. 98–616, title IV, § 401, Nov. 8, 1984, 98 Stat. 3268.)

## Notes

### Editorial Notes

### References in Text

That Act, referred to in subsec. (b)(2)(B)(iii), (C)(iii), means Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to chapter 103 (§ 9601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.

The Federal Rules of Civil Procedure, referred to in subsec. (e), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

### Amendments

1984—Subsec. (a). Pub. L. 98–616, § 401(a), (b), designated existing provisions of subsec. (a)(1) as subpar. (A) thereof, inserted “prohibition,” after “requirement,”, added subpar. (B), and in provisions following par. (2) inserted “or the alleged endangerment may occur” in first sentence and substituted “to enforce the permit, standard, regulation, condition, requirement, prohibition, or order, referred to in paragraph (1)(A), to restrain any person who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste referred to in paragraph (1)(B), to order such person to take such other action as may be necessary, or both, or to order the Administrator to perform the act or duty referred to in paragraph (2), as the case may be, and to apply any appropriate civil penalties under section 6928(a) and (g) of this title” for “to enforce such regulation or order, or to order the Administrator to perform such act or duty as the case may be”.

Subsec. (b). Pub. L. 98–616, § 401(d), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “No action may be commenced under paragraph (a)(1) of this section—

“(1) prior to sixty days after the plaintiff has given notice of the violation (A) to the Administrator; (B) to the State in which the alleged violation occurs; and (C) to any alleged violator of such permit, standard, regulation, condition, requirement, or order; or

“(2) if the Administrator or State has commenced and is diligently prosecuting a civil or criminal action in a court of the United States or a State to require compliance with such permit, standard, regulation, condition, requirement, or order: Provided, however, That in any such action in a court of the United States, any person may intervene as a matter of right.”

Subsec. (e). Pub. L. 98–616, § 401(e), substituted “to the prevailing or substantially prevailing party” for “to any party” and inserted “or section 6976 of this title”.

Subsec. (g). Pub. L. 98–616, § 401(c), added subsec. (g).

1978—Subsec. (c). Pub. L. 95–609, § 7(p)(1), substituted “subchapter III” for “section 212 of this Act.”

Subsec. (e). Pub. L. 95–609, § 7(p)(2), substituted “require” for “requiring”.

### Executive Documents

### Transfer of Functions

For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.