46 U.S.C. § 2305 — Injunctions

FEDERAL · 46 U.S.C. · Chapter 23

Injunctions

46 U.S.C. § 2305

Chapter23 — OPERATION OF VESSELS GENERALLY

This text of 46 U.S.C. § 2305 (Injunctions) 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

46 U.S.C. § 2305.

Text

(a)The district courts of the United States have jurisdiction to enjoin the negligent operation of vessels prohibited by this chapter on the petition of the Attorney General for the United States Government.

(b)When practicable, the Secretary shall—

(1)give notice to any person against whom an action for injunctive relief is considered under this section an opportunity to present that person's views; and

(2)except for a knowing and willful violation, give the person a reasonable opportunity to achieve compliance.

(c)The failure to give notice and opportunity to present views under subsection (b) of this section does not preclude the court from granting appropriate relief.

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(a) The district courts of the United States have jurisdiction to enjoin the negligent operation of vessels prohibited by this chapter on the petition of the Attorney General for the United States Government.
(b) When practicable, the Secretary shall—
(1) give notice to any person against whom an action for injunctive relief is considered under this section an opportunity to present that person's views; and
(2) except for a knowing and willful violation, give the person a reasonable opportunity to achieve compliance.
(c) The failure to give notice and opportunity to present views under subsection (b) of this section does not preclude the court from granting appropriate relief.

Source Credit

History

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)

Editorial Notes

Section 2305 provides injunctive authority to enjoin the negligent operation of vessels. This authority can also be used to enjoin the operation of foreign or domestic vessels on our waters when they are unsuitable for the voyage intended.

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Bluebook (online)

46 U.S.C. § 2305, Counsel Stack Legal Research, https://law.counselstack.com/usc/46/2305.