Actions by private persons

Section 60121 of title 49, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) in paragraph (1), by striking (1) A person and all that follows through However, the person in the second sentence and inserting the following: (1) Civil action A person may bring a civil action in an appropriate district court of the United States for all appropriate relief, including civil penalties and injunctive relief, against— (A) another person (including the United States Government and other governmental authorities to the extent permitted under the Eleventh Amendment to the Constitution of the United States) for a violation of this chapter or a regulation prescribed or order issued under this chapter; or (B) the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this chapter that is nondiscretionary. (2) Requirements and limitations With respect to a civil action described in paragraph (1), a person; (C) in paragraph (2) (as so designated), by indenting subparagraphs (A) through (C) appropriately; (D) in paragraph (3) (as so redesignated), by striking the paragraph designation and all that follows through The Secretary shall and inserting the following: (3) Notice The Secretary shall; (E) in paragraph (4) (as so redesignated), by striking the paragraph designation and all that follows through The Secretary, with and inserting the following: (4) Intervention The Secretary, with; and (F) by adding at the end the following: (5) Jurisdiction The district courts of the United States shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties— (A) to enforce a pipeline safety standard or limitation established under this chapter; (B) to enforce a regulation prescribed or order issued under this chapter; (C) to order the Secretary to perform any act or duty under this chapter; and (D) to impose any appropriate civil penalties under section 60122.; (2) in subsection (b)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) in the matter preceding subparagraph (A) (as so redesignated), in the first sentence, by striking The court and inserting the following: (1) In general The court; and (C) in paragraph (1) (as so designated), in the matter preceding subparagraph (A) (as so redesignated), by striking, The court may award costs to in the second sentence and all that follows through In this subsection in the third sentence and inserting the following: (2) Reasonable attorney’s fee For purposes of paragraph (1); and (3) by adding at the end the following: (e) Venue; intervention by the S ecretary (1) Venue Any action under this section may be brought in— (A) the district court of the United States for the judicial district in which the violation occurred; or (B) the United States District Court for the District of Columbia. (2) Intervention by the S ecretary If the Secretary is not a party to an action described in paragraph (1), the Secretary may intervene in that action as a matter of right. (f) Nonrestriction of other rights (1) In general Except as otherwise limited by section 60104(c), nothing in this section restricts any right that any person (or class of persons) may have under any statute or the common law— (A) to seek enforcement of any standard or limitation; or (B) to seek any other relief (including relief against the Secretary or a State agency). (2) State, local, and interstate authority Except as otherwise limited by section 60104(c), nothing in this section shall be construed to prohibit, exclude, or restrict any State, local, or interstate authority from— (A) bringing any enforcement action or obtaining any judicial remedy or sanction in any State or local court; or (B) bringing any administrative enforcement action or obtaining any administrative remedy or sanction in any State or local administrative agency, department, or instrumentality under any State or local law relating to pipeline safety against— (i) the United States; (ii) any department, agency, or instrumentality of the United States; or (iii) any officer, agent, or employee of the United States..