2 U.S.C. § 1571 — Judicial review

submitted 31 years ago by Pub. L. 104-4 to r/title-2-THE-CONGRESS · 476 words · no verdicts yet

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This section limits judicial review of agency compliance with specified written-statement and written-plan duties. It allows a court to compel preparation of a missing statement or plan but generally prevents those deficiencies from invalidating an agency rule or creating an enforceable right.

(a) Agency statements on significant regulatory actions. (1) Compliance or noncompliance with sections 1532 and 1533(a)(1) and (2) may be reviewed only under this section. (2)(A) Such compliance or noncompliance may be reviewed only under 5 U.S.C. 706(1) and only as subparagraph (B) allows. (B) If an agency fails to prepare the written statement under section 1532, including its estimates, analyses, statements, or descriptions, or the written plan under section 1533(a)(1) and (2), a court may order the agency to prepare it. (3) In review under another Federal law of a rule requiring such a statement or plan, an inadequate or missing statement, estimate, analysis, description, or plan cannot support staying, enjoining, invalidating, or otherwise affecting the rule. (4) Information generated under those sections that is in the rulemaking record may be considered in review under the other Federal law. (5) That other Federal law controls matters such as exhaustion, timing, method, and venue. If it does not set a filing limit shorter than 180 days, the limit is 180 days after the agency promulgates the final rule. (6) This subsection took effect October 1, 1995, and applies only to rules for which general notice of proposed rulemaking was promulgated on or after that date. (b) Review and construction. Except as subsection (a) provides, (1) estimates, analyses, statements, descriptions, or reports prepared under this chapter; compliance or noncompliance with it; and determinations about whether it applies are not subject to judicial review; and (2) no part of this chapter creates a substantive or procedural right or benefit enforceable by anyone in an administrative or judicial action.

the actual law source: uscode.house.gov ↗public domain

(a) Agency statements on significant regulatory actions

(1) In general

Compliance or noncompliance by any agency with the provisions of sections 1532 and 1533(a)(1) and (2) of this title shall be subject to judicial review only in accordance with this section.

(2) Limited review of agency compliance or noncompliance

(A)

Agency compliance or noncompliance with the provisions of sections 1532 and 1533(a)(1) and (2) of this title shall be subject to judicial review only under section 706(1) of title 5, and only as provided under subparagraph (B).

(B)

If an agency fails to prepare the written statement (including the preparation of the estimates, analyses, statements, or descriptions) under section 1532 of this title or the written plan under section 1533(a)(1) and (2) of this title, a court may compel the agency to prepare such written statement.

(3) Review of agency rules

In any judicial review under any other Federal law of an agency rule for which a written statement or plan is required under sections 1532 and 1533(a)(1) and (2) of this title, the inadequacy or failure to prepare such statement (including the inadequacy or failure to prepare any estimate, analysis, statement or description) or written plan shall not be used as a basis for staying, enjoining, invalidating or otherwise affecting such agency rule.

(4) Certain information as part of record

Any information generated under sections 1532 and 1533(a)(1) and (2) of this title that is part of the rulemaking record for judicial review under the provisions of any other Federal law may be considered as part of the record for judicial review conducted under such other provisions of Federal law.

(5) Application of other Federal law

For any petition under paragraph (2) the provisions of such other Federal law shall control all other matters, such as exhaustion of administrative remedies, the time for and manner of seeking review and venue, except that if such other Federal law does not provide a limitation on the time for filing a petition for judicial review that is less than 180 days, such limitation shall be 180 days after a final rule is promulgated by the appropriate agency.

(6) Effective date

This subsection shall take effect on October 1, 1995, and shall apply only to any agency rule for which a general notice of proposed rulemaking is promulgated on or after such date.

(b) Judicial review and rule of construction

Except as provided in subsection (a)—

(1)

any estimate, analysis, statement, description or report prepared under this chapter, and any compliance or noncompliance with the provisions of this chapter, and any determination concerning the applicability of the provisions of this chapter shall not be subject to judicial review; and

(2)

no provision of this chapter shall be construed to create any right or benefit, substantive or procedural, enforceable by any person in any administrative or judicial action.

Source credit: (Pub. L. 104–4, title IV, § 401, Mar. 22, 1995, 109 Stat. 70.)

history & why it existsrecord from the source credit

1995Enacted · Pub. L. 104-4 · 109 Stat. 70

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-4 on 1995-03-22.

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