(c) In any action under subsection (a), the Secretary (with the concurrence of the Attorney General) or the Attorney General may intervene as a matter of right. (d) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or at common law to seek enforcement of this Act or any order or regulation under this Act or to seek any other relief. (e) In any action under this section the court may, in the interest of justice, award the costs of suit, including reasonable attorney's fees and reasonable expert witnesses fees, to a prevailing plaintiff. Such court may, in the interest of justice, award such costs to a prevailing defendant whenever such action is unreasonable, frivolous, or meritless. For purposes of this subsection a reasonable attorney's fee is a fee (1) which is based upon (A) the actual time expended by an attorney in providing advice and other legal services in connection with representing a person in an action brought under this section, and (B) such reasonable expenses as may be incurred by the attorney in the provision of such services, and (2) which is computed at the rate prevailing for the provision of similar services with respect to actions brought in the court which is awarding such fee. (f) For purposes of this section, a violation of any safety standard or practice of any State shall be deemed to be a violation of this Act or of any order or regulation under this Act only to the extent that such standard or practice is not more stringent than the comparable Federal minimum safety standard. [49 U.S.C. App. 1686] ALASKA NATURAL GAS TRANSPORTATION ACT OF 1976 1 PUBLIC LAW 94-586, AS AMENDED AN ACT To expedite a decision on the delivery of Alaska natural gas to United States markets, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Alaska Natural Gas Transportation Act of 1976". [15 U.S.C. 719 note] CONGRESSIONAL FINDINGS SEC. 2. The Congress finds and declares that (1) a natural gas supply shortage exists in the contiguous States of the United States; (2) large reserves of natural gas in the State of Alaska could help significantly to alleviate this supply shortage; (3) the expeditious construction of a viable natural gas transportation system for delivery of Alaska natural gas to United States markets is in the national interest; and (4) the determinations whether to authorize a transportation system for delivery of Alaska natural gas to the contiguous States and, if so, which system to select, involve questions of the utmost importance respecting national energy policy, international relations, national security, and economic and environmental impact, and therefore should appropriately be addressed by the Congress and the President in addition to those Federal officers and agencies assigned functions under law pertaining to the selection, construction, and initial operation of such a system. [15 U.S.C. 719] STATEMENT OF PURPOSE SEC. 3. The purpose of this Act is to provide the means for making a sound decision as to the selection of a transportation 1 Presidential Decision Designating Transportation System.-On September 22, 1977, the President submitted a decision and report to the Congress designating the Alaska Highway Pipeline route for the Alaska natural gas pipeline system. The President's decision was approved by Public Law 95-158 (Nov. 8, 1977; 91 Stat. 1268), adopted under section 8 of the Alaska Natural Gas Transportation Act of 1976. For the text of the President's decision and report, see pages 239 through 362 of this volume. Waivers of Law.-The President submitted to the Congress findings and proposed waivers of law on October 15, 1981. The President's proposed waiver was approved by Public Law 97-93 (Dec. 15, 1981; 95 Stat: 1204) pursuant to the procedures of section 8 of the Alaska Natural Gas Transportation Act of 1976. For the text of the President's decision and report, see pages 363 through 368 of this volume. |