42 U.S.C. § 8514 — Judicial review
submitted 47 years ago by Pub. L. 96-102 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 361 words · no verdicts yet
A State can sue in federal court to challenge certain energy targets, findings, or plan denials. The State must sue within 30 days, and appeals go straight to a full appeals court. Courts cannot issue injunctions except as part of a final judgment.
(a) State* actions. (1) A State may sue in the right U.S. district court — including for a declaratory judgment — to challenge: (A) any energy-conservation target the President sets under section 8511(a); (B) any finding by the President under section 8513(b)(1)(A) or 8513(b)(2) about whether that State met its emergency energy-conservation target or followed through on the promises in its approved plan; or (C) any decision by the Secretary* rejecting a State's plan under section 8512(c), including a finding that the plan would put an unfairly large share of the conservation burden on one industry or business group. The State must file suit within 30 calendar days after the target, finding, or decision is published, or the suit is barred. (2) The district court decides the legal questions and then must immediately send them to the U.S. court of appeals for that circuit, which hears the case with all its judges sitting together (en banc). (3) The Supreme Court can review the court of appeals' decision if it grants a writ of certiorari. Anyone wanting that review must file the request within 20 days of the court of appeals' decision.
(b) Repealed. This subsection was repealed by Pub. L. 98–620 in 1984.
(c) Injunctive relief. For review of the targets under (a)(1)(A), the court can only grant an injunction as part of a final judgment in the case — not on its own.
Any State may institute an action in the appropriate district court of the United States, including actions for declaratory judgment, for judicial review of—
any target established by the President under section 8511(a) of this title;
any finding by the President under section 8513(b)(1)(A) of this title, relating to the achievement of the emergency energy conservation target of such State, or 8513(b)(2) of this title, relating to the achievement of the emergency energy conservation target of such State or the failure to carry out the assurances regarding implementation contained in an approved plan of such State; or
any determination by the Secretary* disapproving a State plan under section 8512(c) of this title, including any determination by the Secretary under section 8512(c)(1)(B) of this title that the plan is likely to impose an unreasonably disproportionate share of the burden of restrictions of energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof.
Such action shall be barred unless it is instituted within 30 calendar days after the date of publication of the establishment of a target referred to in subparagraph (A), the finding by the President referred to in subparagraph (B), or the determination by the Secretary referred to in subparagraph (C), as the case may be.
The district court shall determine the questions of law and upon such determination certify such questions immediately to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc.
Any decision by such court of appeals on a matter certified under paragraph (2) shall be reviewable by the Supreme Court upon attainment of a writ of certiorari. Any petition for such a writ shall be filed no later than 20 days after the decision of the court of appeals.
With respect to judicial review under subsection (a)(1)(A), the court shall not have jurisdiction to grant any injunctive relief except in conjunction with a final judgment entered in the case.
Source credit: (Pub. L. 96–102, title II, § 214, Nov. 5, 1979, 93 Stat. 764; Pub. L. 98–620, title IV, § 402(42), Nov. 8, 1984, 98 Stat. 3360.)
- 1979Enacted · Pub. L. 96-102 · 93 Stat. 764
- 1984Amended · Pub. L. 98-620 · 98 Stat. 3360
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-102 on 1979-11-05.
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