49 USC 5122: Enforcement
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49 USC 5122: Enforcement Text contains those laws in effect on January 4, 1995
From Title 49-TRANSPORTATIONSUBTITLE III-GENERAL AND INTERMODAL PROGRAMSCHAPTER 51-TRANSPORTATION OF HAZARDOUS MATERIAL
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§5122. Enforcement

(a) General.-At the request of the Secretary of Transportation, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order issued under this chapter. The court may award appropriate relief, including punitive damages.

(b) Imminent Hazards.-(1) If the Secretary has reason to believe that an imminent hazard exists, the Secretary may bring a civil action in an appropriate district court of the United States-

(A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or

(B) to eliminate or ameliorate the hazard.


(2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.

( Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 780 .)

Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
5122(a) 49 App.:1808(a) (last sentence words after semicolon). Jan. 3, 1975, Pub. L. 93–633, §§109(a) (last sentence words after semicolon), 111(a), 88 Stat. 2159 , 2161.
  49 App.:1810(a).
5122(b) 49 App.:1810(b). Jan. 3, 1975, Pub. L. 93–633, §111(b), 88 Stat. 2161 ; Nov. 16, 1990, Pub. L. 101–615, §3(b), 104 Stat. 3247 .

In this section, the words "bring a civil action" are substituted for "bring an action in" in 49 App.:1810 and "petition . . . for an order . . . for such other order" for consistency in the revised title and with other titles of the United States Code.

In subsection (a), the text of 49 App.:1808(a) (last sentence words after semicolon) and the words "for equitable relief" in 49 App.:1810(a) are omitted as surplus. The words "enforce this chapter" are substituted for "redress a violation by any person of a provision of this chapter" to eliminate unnecessary words. The words "regulation prescribed or order issued" are substituted for "order or regulation issued" for consistency in the revised title and with other titles of the Code. The words "The court may award appropriate relief, including" are substituted for "Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and" to eliminate unnecessary words.

In subsection (b)(1), before clause (A), the words "as is necessary" are omitted as surplus.

Section Referred to in Other Sections

This section is referred to in section 5711 of this title.