ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

42 U.S.C. § 8412Judicial review

submitted 48 years ago by Pub. L. 95-620 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 404 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law explains how to challenge a rule, order, or exemption denial under this energy chapter in court. Final rules and orders must be published and wait 60 days before taking effect. An affected person can appeal to a federal court of appeals within 60 days of publication.

(a) Publication and delay to allow review. Any final rule or order that bans something or grants an exemption or permit under this chapter must be published in the Federal Register. It cannot take effect until at least 60 days after that publication. (b) Publication of denial. If the Secretary denies a petition for an exemption or permit, that denial must also be published in the Federal Register, along with the reasons. (c) Judicial review. (1) Anyone harmed by a final rule or order under subsection (a) or section 8374, or by a denial under subsection (b), can file a petition for court review with the U.S. court of appeals where they live or do business. They must file before the 60th day after the rule, order, or denial is published. The court clerk must send a copy of the petition to the Secretary, who must then file the record of the proceedings with the court, as required by section 2112 of title 28. (2) Once the petition is filed, the court can review the rule, order, or denial under the standard federal court-review rules (chapter 7 of title 5) and grant appropriate relief. The court cannot uphold a rule, order, or denial unless it is backed by "substantial evidence" — meaning enough solid evidence that a reasonable person could accept the decision. (3) The court's final decision can be appealed further to the U.S. Supreme Court, through a writ of certiorari or certification, as allowed under section 1254 of title 28. (4) Under the Attorney General's direction (per section 519 of title 28), lawyers appointed by the Secretary can represent the Secretary in any court case under this section, following section 7192(c).
the actual law source: uscode.house.gov ↗public domain
(a) Publication and delay of prohibition or exemption to allow for review

Any final rule or order prescribed by the Secretary imposing a prohibition or granting an exemption (or permit) under this chapter shall be published in the Federal Register, and shall not take effect earlier than the 60th calendar day after such rule or order is published.

(b) Publication of denial of exemption or permit

Any final order issued by the Secretary denying any petition for an exemption or a permit under this chapter shall be published in the Federal Register, together with the reasons for such action.

(c) Judicial review
(1)

Any person aggrieved by any final rule or order referred to in subsection (a) or in section 8374 of this title, or by the denial of a petition for an order granting an exemption (or permit) referred to in subsection (b), may at any time before the 60th day after the date such rule, order, or denial is published under subsection (a) or (b), file a petition with the United States court of appeals for the circuit wherein such person resides, or has his principal place of business, for judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which the rule or order was based as provided in section 2112 of title 28.

(2)

Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule, order, or denial in accordance with chapter 7 of title 5, and to grant appropriate relief as provided in such chapter. No rule or order (or denial thereof) may be affirmed unless supported by substantial evidence.

(3)

The judgment of the court affirming or setting aside, in whole or in part, any such rule, order, or denial shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.

(4)

Subject to the direction and control of the Attorney General, as provided in section 519 of title 28, attorneys appointed by the Secretary may appear for and represent the Secretary in any proceeding instituted under this section in accordance with section 7192(c) of this title.

Source credit: (Pub. L. 95–620, title VII, § 702, Nov. 9, 1978, 92 Stat. 3331.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-620 · 92 Stat. 3331

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-620 on 1978-11-09.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case