43 U.S.C. § 2011 — Judicial review
submitted 48 years ago by Pub. L. 95-617 to r/title-43-PUBLIC-LANDS · 320 words · no verdicts yet
This section provides for judicial review of the specified agency action. It sets the review procedure and limits described in the section.
(a) Notice The President or any other Federal officer must cause notice to be published in the Federal Register and in newspapers of general circulation in the areas affected whenever he makes any decision described in subsection (b).
(b) Review of certain Federal actions Any action seeking judicial review of an action or decision of the President or any other Federal officer taken or made after November 9, 1978 , concerning the approval or disapproval of a crude oil transportation system* or the issuance of necessary rights-of-way, permits, leases, and other authorizations for the construction, operation, and maintenance of the Long Beach-Midland project* or a crude oil transportation system approved under section 2007(a) of this title may only be brought within 60 days after the date on which notification of the action or decision of such officer is published in the Federal Register, or in newspapers of general circulation in the areas affected, whichever is later.
(c) Jurisdiction of courts An action under subsection
(b) must be barred unless a petition is filed within the time specified. Any such petition must be filed in the appropriate United States district court. A copy of such petition must be transmitted by the clerk of such court to the Secretary. Regardless of the amount in controversy, that court has jurisdiction to determine the proceeding in accordance with the procedures provided below and to provide appropriate relief. No State or local court must have jurisdiction of any such claim whether in a proceeding instituted before, on, or after the date this chapter becomes effective. No court must have jurisdiction to grant any injunctive relief against the issuance of any right-of-way, permit, lease, or other authorization in connection with a crude oil transportation system approved under section 2007(a) of this title or the Long Beach-Midland project, except as part of a final judgment entered in a case involving a claim filed under this section.
The President or any other Federal officer shall cause notice to be published in the Federal Register and in newspapers of general circulation in the areas affected whenever he makes any decision described in subsection (b).
Any action seeking judicial review of an action or decision of the President or any other Federal officer taken or made after November 9, 1978, concerning the approval or disapproval of a crude oil transportation system* or the issuance of necessary rights-of-way, permits, leases, and other authorizations for the construction, operation, and maintenance of the Long Beach-Midland project* or a crude oil transportation system approved under section 2007(a) of this title may only be brought within 60 days after the date on which notification of the action or decision of such officer is published in the Federal Register, or in newspapers of general circulation in the areas affected, whichever is later.
An action under subsection (b) shall be barred unless a petition is filed within the time specified. Any such petition shall be filed in the appropriate United States district court. A copy of such petition shall be transmitted by the clerk of such court to the Secretary. Notwithstanding the amount in controversy, such court shall have jurisdiction to determine such proceeding in accordance with the procedures hereinafter provided and to provide appropriate relief. No State or local court shall have jurisdiction of any such claim whether in a proceeding instituted before, on, or after the date this chapter becomes effective. No court shall have jurisdiction to grant any injunctive relief against the issuance of any right-of-way, permit, lease, or other authorization in connection with a crude oil transportation system approved under section 2007(a) of this title or the Long Beach-Midland project, except as part of a final judgment entered in a case involving a claim filed pursuant to this section.
Source credit: (Pub. L. 95–617, title V, § 511, Nov. 9, 1978, 92 Stat. 3163; Pub. L. 98–620, title IV, § 402(45), Nov. 8, 1984, 98 Stat. 3360.)
- 1978Enacted · Pub. L. 95-617 · 92 Stat. 3163
- 1984Amended · Pub. L. 98-620 · 98 Stat. 3360
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-617 on 1978-11-09.
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