H.R. 6697 (112th): Consumer Bounty Act

112th Congress, 2011–2013. Text as of Dec 20, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

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112th CONGRESS

2d Session

H. R. 6697

IN THE HOUSE OF REPRESENTATIVES

December 20, 2012

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 concerned

A BILL

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

1.

Short title

This Act may be cited as The Consumer Bounty Act.

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:

(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.

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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:

(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.

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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:

(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.

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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:

(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.

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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:

(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.

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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—

(1)

by redesignating subsection (f) as subsection (g); and

(2)

by inserting after subsection (e) the following:

(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.

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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:

(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.

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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:

(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.

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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:

(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.

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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—

(1)

by redesignating subsection (i) as subsection (j); and

(2)

by inserting after subsection (h) the following:

(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.

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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:

(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.

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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:

(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.

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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:

(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.

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15.

Pipeline safety amendment

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

(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.

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