30 U.S.C. § 1276 — Judicial review
submitted 49 years ago by Pub. L. 95-87 to r/title-30-MINERAL-LANDS-AND-MINING · 724 words · no verdicts yet
Specified actions by the Secretary under the surface-mining chapter may be reviewed by designated district courts. This section sets filing deadlines, review standards, temporary relief requirements, stays, and review of State authorities.
(a)(1) A Secretary action approving or rejecting a State program or preparing or issuing a Federal program may be reviewed by the United States District Court for the district containing the capital of the State involved. Secretary action issuing national rules or regulations, including standards under sections 1251, 1265, 1266, and 1273, may be reviewed in the United States District Court for the District of Columbia Circuit. Other Secretary rulemaking may be reviewed only by the district court where the surface coal mine is located. The court must affirm unless the action is arbitrary, capricious, or otherwise unlawful. A review petition must be filed within 60 days after the action, unless based only on grounds arising later. A person who participated in the administrative proceedings and is harmed by the action may petition. (2) A Secretary order or decision in a civil-penalty or other proceeding required under section 554 of title 5 may be reviewed within 30 days in the district where the mine is located, under subsection (b). For a penalty order, the court may order payment of the civil penalty enforced by its judgment. This review does not limit rights under section 1270.
(b) The court hears the petition or complaint only on the record before the Secretary. Except as subsection (a) provides, the Secretary's findings are conclusive if supported by substantial evidence on the whole record. The court may affirm, set aside, or change an order or decision, or send the matter back to the Secretary for directed further action.
(c) While reviewing a Secretary order or decision, including a cessation order under section 1275(c) or (d) concerning a section 1271(a)(2), (3), or (4) cessation order, the court may grant appropriate temporary relief on conditions it sets if: (1) all parties received notice and an opportunity to be heard; (2) the requester shows a substantial likelihood of winning on the merits; and (3) relief will not harm public health or safety or cause significant, imminent environmental harm to land, air, or water.
(d) Starting a proceeding does not stay the Secretary's action, order, or decision unless the court specifically orders a stay.
(e) Action by a State regulatory authority under an approved State program may be reviewed by a court with jurisdiction under State law. The availability of that review does not limit section 1270 rights except as section 1270 provides.
Any action of the Secretary to approve or disapprove a State program or to prepare or promulgate a Federal program pursuant to this chapter shall be subject to judicial review by the United States District Court for the District which includes the capital of the State whose program is at issue. Any action by the Secretary promulgating national rules or regulations including standards pursuant to sections 1251, 1265, 1266, and 1273 of this title shall be subject to judicial review in the United States District Court for the District of Columbia Circuit. Any other action constituting rulemaking by the Secretary shall be subject to judicial review only by the United States District Court for the District in which the surface coal mining operation is located. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law. A petition for review of any action subject to judicial review under this subsection shall be filed in the appropriate Court within sixty days from the date of such action, or after such date if the petition is based solely on grounds arising after the sixtieth day. Any such petition may be made by any person who participated in the administrative proceedings and who is aggrieved by the action of the Secretary.
Any order or decision issued by the Secretary in a civil penalty proceeding or any other proceeding required to be conducted pursuant to section 554 of title 5 shall be subject to judicial review on or before 30 days from the date of such order or decision in accordance with subsection (b) of this section in the United States District Court for the district in which the surface coal mining operation is located. In the case of a proceeding to review an order or decision issued by the Secretary under the penalty section of this chapter, the court shall have jurisdiction to enter an order requiring payment of any civil penalty assessment enforced by its judgment. This availability of review established in this subsection shall not be construed to limit the operations of rights established in section 1270 of this title.
The court shall hear such petition or complaint solely on the record made before the Secretary. Except as provided in subsection (a), the findings of the Secretary if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the Secretary for such further action as it may direct.
In the case of a proceeding to review any order or decision issued by the Secretary under this chapter, including an order or decision issued pursuant to subsection (c) or (d) of section 1275 of this title pertaining to any order issued under paragraph (2), (3), or (4) of subsection (a) of section 1271 of this title for cessation of coal mining and reclamation operations, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if—
all parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;
the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and
such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.
The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the Secretary.
Action of the State regulatory authority pursuant to an approved State program shall be subject to judicial review by a court of competent jurisdiction in accordance with State law, but the availability of such review shall not be construed to limit the operation of the rights established in section 1270 of this title except as provided therein.
Source credit: (Pub. L. 95–87, title V, § 526, Aug. 3, 1977, 91 Stat. 512.)
- 1977Enacted · Pub. L. 95-87 · 91 Stat. 512
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-87 on 1977-08-03.
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