HR 6697 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 6697CommentsClose CommentsPermalink

To amend the citizen suit provisions in several statutes to impose an additional award to prevailing plaintiffs.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

December 20, 2012CommentsClose CommentsPermalink

Mr. KUCINICH introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the citizen suit provisions in several statutes to impose an additional award to prevailing plaintiffs.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as ‘The Consumer Bounty Act’.CommentsClose CommentsPermalink

SEC. 2. AMENDMENT TO THE TOXIC SUBSTANCES CONTROL ACT.

Section 20 of the Toxic Substances Control Act (15 U.S.C. 2619) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Consumer Bounty- In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 3. AMENDMENT TO THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977.

Section 520 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1270) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g) In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 4. AMENDMENT TO THE FEDERAL WATER POLLUTION CONTROL ACT.

Section 505 of the Federal Water Pollution Control Act (33 U.S.C. 1365) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(i) In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 5. AMENDMENT TO THE SAFE DRINKING WATER ACT.

Section 1449 of the Safe Drinking Water Act (42 U.S.C. 300j-8) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 6. AMENDMENT TO THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT OF 1972.

Section 105(g) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(g)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(6) In any civil action brought under this subsection in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 7. AMENDMENT TO THE NOISE CONTROL ACT OF 1972.

Section 12 of the Noise Control Act of 1972 (42 U.S.C. 4911) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink





(2) by inserting after subsection (e) the following:CommentsClose CommentsPermalink





‘(f) In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 8. AMENDMENT TO THE ENERGY POLICY AND CONSERVATION ACT.

Section 335 of the Energy Policy and Conservation Act (42 U.S.C. 6305) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g) Consumer Bounty- In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 9. AMENDMENT TO THE SOLID WASTE DISPOSAL ACT.

Section 7002 of the Solid Waste Disposal Act (42 U.S.C. 6972) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(h) Consumer Bounty- In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 10. AMENDMENT TO THE CLEAN AIR ACT.

Section 304 of the Clean Air Act (42 U.S.C. 7604) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(h) Consumer Bounty- In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 11. AMENDMENT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980.

Section 310 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9659) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (i) as subsection (j); andCommentsClose CommentsPermalink





(2) by inserting after subsection (h) the following:CommentsClose CommentsPermalink





‘(i) Consumer Bounty- In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 12. AMENDMENT TO THE POWERPLANT AND INDUSTRIAL FUEL USE ACT OF 1978.

Section 725 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8435) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Consumer Bounty- In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 13. AMENDMENT TO THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986.

Section 326(a)(1) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11046(a)(1)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(E) In any civil action brought under this paragraph in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 14. AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT.

Section 23(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1349(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(7) In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink

SEC. 15. PIPELINE SAFETY AMENDMENT.

Section 60121 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Consumer Bounty- In any civil action brought under this section in which the plaintiff or plaintiffs prevail in whole or in part, the court shall award the plaintiff or plaintiffs not less than $10,000, to be paid by the defendant or defendants against whom the plaintiff or plaintiffs prevailed. Multiple plaintiffs shall split the award based on the time each plaintiff spent on the case. Multiple defendants are jointly and severally liable to the plaintiff or plaintiffs.’.CommentsClose CommentsPermalink