Except as provided in subsection (b) of this section, any person having an interest which is, or can be, adversely affected, may bring an action on his own behalf-
No action may be commenced under subsection (a) of this section-
Any suit brought under this section shall be brought-
The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party including the Federal Government.
In any action brought under this section, if the Secretary or Attorney General are not parties of record, the United States, through the Attorney General, shall have the right to intervene.
33 U.S.C. § 1910
AMENDMENTS2008-Subsec. (a)(3), (4). Pub. L. 110-280, §12(1), added par. (3) and redesignated former par. (3) as (4).Subsec. (b)(1). Pub. L. 110-280, §12(2), substituted "concerned or the Administrator," for "concerned,".Subsec. (b)(2). Pub. L. 110-280, §12(3), inserted "or the Administrator" after "Secretary".
- "Administrator" means the Administrator of the Environmental Protection Agency;
- "Secretary" means the Secretary of the department in which the Coast Guard is operating;
- "owner" means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without participating in the management or operation of a ship or terminal, holds indicia of ownership primarily to protect a security interest in the ship or terminal;
- "person" means an individual, firm, public or private corporation, partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body;
- "ship" means a vessel of any type whatsoever, including hydrofoils, air-cushion vehicles, submersibles, floating craft whether self-propelled or not, and fixed or floating platforms;