16 U.S.C. § 539m–10 — Judicial review
submitted 23 years ago by Pub. L. 108-7 to r/title-16-CONSERVATION · 148 words · no verdicts yet
This law explains how courts review disputes about the T'uf Shur Bien Preservation Trust Area law. Lawsuits follow standard federal court review rules. Someone can sue the Pueblo for a court order, but never for money damages, and only in New Mexico's federal court.
(a) Enforcement
A civil lawsuit to enforce sections 539m to 539m–12 of this title may be brought as far as chapter 7 of title 5 (the federal law on judicial review of agency action) allows. Courts must base their review on the administrative record, using the standard of review set out in section 706 of title 5.
(b) Waiver
Someone can sue the Pueblo for a declaratory judgment or an injunction (a court order requiring or forbidding an action) under sections 539m to 539m–12. But no money damages — including costs or attorney's fees — can be awarded against the Pueblo in such a lawsuit.
(c) Venue
Any lawsuit under this section, and any lawsuit challenging the constitutionality of sections 539m to 539m–12 of this title, can only be filed in the United States District Court for the District of New Mexico.
A civil action to enforce the provisions of sections 539m to 539m–12 of this title may be brought to the extent permitted under chapter 7 of title 5. Judicial review shall be based on the administrative record and subject to the applicable standard of review set forth in section 706 of title 5.
A civil action may be brought against the Pueblo for declaratory judgment or injunctive relief under sections 539m to 539m–12 of this title, but no money damages, including costs or attorney’s fees, may be imposed on the Pueblo as a result of such judicial action.
Venue for any civil action provided for in this section, as well as any civil action to contest the constitutionality of sections 539m to 539m–12 of this title, shall lie only in the United States District Court for the District of New Mexico.
Source credit: (Pub. L. 108–7, div. F, title IV, § 412, Feb. 20, 2003, 117 Stat. 291.)
- 2003Enacted · Pub. L. 108-7 · 117 Stat. 291
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-7 on 2003-02-20.
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