15 U.S.C. § 720e — Judicial review
submitted 22 years ago by Pub. L. 108-324 to r/title-15-COMMERCE-AND-TRADE · 272 words · no verdicts yet
This section assigns the United States Court of Appeals for the District of Columbia Circuit exclusive original jurisdiction over listed challenges under this chapter. It also sets a 60-day filing deadline and requires expedited review.
(a) Exclusive jurisdiction. Except for review by the Supreme Court on a writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit has original and exclusive jurisdiction to decide: (1) whether a final order or action, including a failure to act, by a Federal agency or officer under this chapter is valid; (2) whether any provision of this chapter, or any decision or action under it, is constitutional; or (3) whether any determination, permit, approval, authorization, review, or related action under any law concerning a gas transportation project built and operated under section 720a of this title is valid. This includes (A) subchapter II of chapter 5 and chapter 7 of title 5, commonly called the “Administrative Procedure Act”; (B) the Endangered Species Act of 1973; (C) the National Environmental Policy Act of 1969; (D) chapter 2003 of title 54; and (E) the Alaska National Interest Lands Conservation Act.
(b) Deadline for filing claim. A claim under this chapter must be brought within 60 days after the decision or action that caused the claim.
(c) Expedited consideration. The Court of Appeals for the District of Columbia Circuit must put an action under subsection (a) on an expedited schedule. In doing so, it must consider the national interest in improving energy security by making available the significant Alaska gas reserves needed to meet expected natural-gas demand.
Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine—
the validity of any final order or action (including a failure to act) of any Federal agency or officer under this chapter;
the constitutionality of any provision of this chapter, or any decision made or action taken under this chapter; or
the validity of any determination, permit, approval, authorization, review, or other related action taken under any provision of law relating to a gas transportation project constructed and operated in accordance with section 720a of this title, including—
subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the “Administrative Procedure Act”);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
chapter 2003 of title 54; 1 and
the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).
A claim arising under this chapter may be brought not later than 60 days after the date of the decision or action giving rise to the claim.
The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant gas reserves in Alaska needed to meet the anticipated demand for natural gas.
Source credit: (Pub. L. 108–324, div. C, § 107, Oct. 13, 2004, 118 Stat. 1261; Pub. L. 111–11, title XIII, § 13003, Mar. 30, 2009, 123 Stat. 1448; Pub. L. 113–287, § 5(c), Dec. 19, 2014, 128 Stat. 3264.)
- 2004Enacted · Pub. L. 108-324 · 118 Stat. 1261
- 2009Amended · Pub. L. 111-11 · 123 Stat. 1448
- 2014Amended · Pub. L. 113-287 · 128 Stat. 3264
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-324 on 2004-10-13.
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