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49 U.S.C. § 32909Judicial review of regulations

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 413 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone hurt by a fuel economy regulation can ask a federal appeals court to review it. They must file within 59 days, and the court can order more evidence added. Only the Supreme Court can review the appeals court's decision.

(a) Filing and Venue — (1) A person who may be hurt by a regulation issued under sections 32901–32904 or 32908 can file a petition for review in the D.C. Circuit Court of Appeals, or in the appeals court for the circuit where they live or do business. (2) A person hurt by a regulation issued under section 32912(c)(1) can likewise file a petition in the appeals court for the circuit where they live or do business. (b) Time for Filing and Judicial Procedures — The petition must be filed within 59 days after the regulation is issued — except that a petition challenging a standard amendment sent to Congress under section 32902(c)(2) must be filed within 59 days after that 60-day congressional review period ends. The court clerk must promptly send a copy to the Secretary of Transportation or the EPA Administrator, whichever one issued the regulation. That agency must then file the record of its proceeding with the court. (c) Additional Proceedings — (1) When reviewing a regulation under subsection (a)(1), the court, if the petitioner asks, may order the Secretary or Administrator to accept new material — but only if the court is satisfied it's important and there were good reasons it wasn't submitted earlier. (2) The Secretary or Administrator may then change or cancel the regulation, or write a new one, based on that new material, and must file the revised or new regulation and the new material with the court. The court reviews the changed or new regulation. (d) Supreme Court Review and Additional Remedies — Only the Supreme Court can review a court's judgment under this section. The remedies in subsections (a)(1) and (c) are in addition to any other remedies the law provides.
the actual law source: uscode.house.gov ↗public domain
(a)Filing and Venue.—
(1)

A person that may be adversely affected by a regulation prescribed in carrying out any of sections 32901–32904 or 32908 of this title may apply for review of the regulation by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.

(2)

A person adversely affected by a regulation prescribed under section 32912(c)(1) of this title may apply for review of the regulation by filing a petition for review in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.

(b)Time for Filing and Judicial Procedures.—

The petition must be filed not later than 59 days after the regulation is prescribed, except that a petition for review of a regulation prescribing an amendment of a standard submitted to Congress under section 32902(c)(2) of this title must be filed not later than 59 days after the end of the 60-day period referred to in section 32902(c)(2). The clerk of the court shall send immediately a copy of the petition to the Secretary of Transportation or the Administrator of the Environmental Protection Agency, whoever prescribed the regulation. The Secretary or the Administrator shall file with the court a record of the proceeding in which the regulation was prescribed.

(c)Additional Proceedings.—
(1)

When reviewing a regulation under subsection (a)(1) of this section, the court, on request of the petitioner, may order the Secretary or the Administrator to receive additional submissions if the court is satisfied the additional submissions are material and there were reasonable grounds for not presenting the submissions in the proceeding before the Secretary or Administrator.

(2)

The Secretary or the Administrator may amend or set aside the regulation, or prescribe a new regulation because of the additional submissions presented. The Secretary or Administrator shall file an amended or new regulation and the additional submissions with the court. The court shall review a changed or new regulation.

(d)Supreme Court Review and Additional Remedies.—

A judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28. A remedy under subsections (a)(1) and (c) of this section is in addition to any other remedies provided by law.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1070; Pub. L. 103–429, § 6(38), Oct. 31, 1994, 108 Stat. 4382.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1070
  • 1994Amended · Pub. L. 103-429 · 108 Stat. 4382

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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