33 U.S.C. § 1364 — Emergency powers

FEDERAL · 33 U.S.C. · Chapter SUBCHAPTER V—GENERAL PROVISIONS

Emergency powers

33 U.S.C. § 1364

Title33 — Navigation and Navigable Waters

ChapterSUBCHAPTER V—GENERAL PROVISIONS

This text of 33 U.S.C. § 1364 (Emergency powers) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

33 U.S.C. § 1364.

Text

(a)Emergency powers Notwithstanding any other provision of this chapter, the Administrator upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment is to the livelihood of such persons, such as inability to market shellfish, may bring suit on behalf of the United States in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the discharge of pollutants causing or contributing to such pollution or to take such other action as may be necessary.

(b)Repealed. Pub. L. 96–510, title III, §304(a), Dec. 11, 1980, 94 Stat. 2809

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Emergency powers
Notwithstanding any other provision of this chapter, the Administrator upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment is to the livelihood of such persons, such as inability to market shellfish, may bring suit on behalf of the United States in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the discharge of pollutants causing or contributing to such pollution or to take such other action as may be necessary.
(b) Repealed. Pub. L. 96–510, title III, §304(a), Dec. 11, 1980, 94 Stat. 2809

Ethyl Corporation v. Environmental Protection Agency, Ppg Industries, Inc. v. Environmental Protection Agency, E. I. Dupont De Nemours & Company v. Environmental Protection Agency, Nalco Chemical Company v. Environmental Protection Agency, National Petroleum Refiners Association v. Environmental Protection Agency

541 F.2d 1 (D.C. Circuit, 1976)

24 case citations

United States v. Hooker Chemical & Plastics Corp.

607 F. Supp. 1052 (W.D. New York, 1985)

21 case citations

United States v. Waste Industries

556 F. Supp. 1301 (E.D. North Carolina, 1982)

19 case citations

Reserve Mining Company, a Minnesota Corporation v. Environmental Protection Agency and William D. Ruckelshaus, Individually Andas Administrator of the Environmental Protection Agency, Reserve Mining Company v. United States of America, United States of America v. Reserve Mining Company, Reserve Mining Company v. United States of America, the State of Wisconsin v. Reserve Mining Company, Minnesota Environmental Law Institute, Inc. v. United States of America, the State of Michigan v. Reserve Mining Company

514 F.2d 492 (Eighth Circuit, 1975)

15 case citations

Committee for Consideration of Jones Falls Sewage System v. Train

375 F. Supp. 1148 (D. Maryland, 1974)

14 case citations

McGinnes Industrial Maintenance Corporation v. the Phoenix Insurance Company and the Travelers Indemnity Company

477 S.W.3d 786 (Texas Supreme Court, 2015)

8 case citations

Bravos v. Green

306 F. Supp. 2d 48 (District of Columbia, 2004)

7 case citations

United States v. Hooker Chemicals & Plastics Corp.

641 F. Supp. 1303 (W.D. New York, 1986)

1 case citations

Conservation Law Foundation, Inc. v. Pease Development Authority, et al.

2017 DNH 202 (D. New Hampshire, 2017)

1 case citations

United States v. Electron Hydro LLC

(W.D. Washington, 2023)

Source Credit

History

(June 30, 1948, ch. 758, title V, §504, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L. 95–217, §69, Dec. 27, 1977, 91 Stat. 1607; Pub. L. 96–510, title III, §304(a), Dec. 11, 1980, 94 Stat. 2809.)

Editorial Notes

Editorial Notes

Amendments
1980—Subsec. (b). Pub. L. 96–510 struck out subsec. (b) which related to emergency assistance, establishment of an emergency fund, and preparation of a contingency plan for such emergencies.
1977—Pub. L. 95–217 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment
Amendment by Pub. L. 96–510 effective Dec. 11, 1980, see section 9652 of Title 42, The Public Health and Welfare.

Cite This Page — Counsel Stack

Bluebook (online)

33 U.S.C. § 1364, Counsel Stack Legal Research, https://law.counselstack.com/usc/33/1364.