294 
would have been emitted had the Federal agency followed 
the requirements of this title or any amendment made by 
this title, as any such incremental additional emissions will 
exacerbate the pace, extent, and risks of global warming. 
(f) REMEDY.— 
(1) IN GENERAL.—In addition to the remedies 
available under chapter 7 of title 5, United States 
Code, a court may provide the remedies specified in 
this subsection. 
(2) PAYMENT.—In any civil action alleging a 
violation of this title, if the court finds that an agen-
cy has significantly violated this title in its failure to 
perform any nondiscretionary act or duty under this 
title or any amendment made by this title, the court 
may award a payment, payable by the United States 
Treasury, to be used for a beneficial mitigation 
project recommended by the plaintiff or to com-
pensate the plaintiff for any impact from global 
warming suffered by the plaintiff. The total payment 
for all claims by all plaintiffs in any such action 
shall not exceed the amount provided in section 
1332(b) of title 28, United States Code. A court 
may deny a second payment under this section if the 
court determines that the plaintiff has filed multiple 
separate actions that could reasonably have been 
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combined into a single action. No payment may be 
awarded under this paragraph for violations of an 
agency’s obligation to collect or report information 
to the public. No court may award any payment 
under this paragraph in any given year if the cumu-
lative payments awarded by courts under this para-
graph in such year are equal to or greater than 
$1,500,000. 
(3) COSTS.—A court may award costs of litiga-
tion to any substantially prevailing plaintiff or to 
any other plaintiff whenever the court determines 
such an award is appropriate. Such an award is ap-
propriate when such litigation contributes to the 
Federal agency’s compliance with this title or any 
amendment made by this title. Costs of litigation in-
clude reasonable attorney fees and expert fees. 
(4) EXCLUSIVE REMEDY.—Notwithstanding any 
other provision of Federal law— 
(A) no plaintiff who is awarded a payment 
under this subsection for a failure to perform a 
mandatory duty under this title or any amend-
ment made by this title may be awarded a pay-
ment for such failure under any other Federal 
law; and 
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(B) no plaintiff may be awarded a pay-
ment under this subsection for a failure to per-
form a mandatory duty under this title or any 
amendment made by this title if the plaintiff 
has been awarded a payment for such failure 
under any other Federal law. 
(g) NO STATE COURT ACTION.—No person may 
bring any action in State court alleging a violation of this 
title or any amendment made by this title. 
(h) INAPPLICABILITY
TO
PROCUREMENT
PRO-
TESTS.—No action may be commenced under this section 
objecting to a solicitation by a Federal agency for bids 
or proposals for a proposed contract or to a proposed 
award or the award of a contract or any alleged violation 
of statute or regulation in connection with a procurement 
or a proposed procurement if such action may be brought 
by an interested party under section 1491(b)(1) of title 
28, United States Code, or subchapter V of title 31, 
United States Code. 
(i) DEFINITION.—In this section, the term ‘‘person’’ 
means a United States person. In the case of an indi-
vidual, such term means a citizen or national of the United 
States. 
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