15 USC 2618 - Judicial review

1 So in original.

any person may file a petition for judicial review of such rule or order with the United States Court of Appeals for the District of Columbia Circuit or for the circuit in which such person resides or in which such person’s principal place of business is located. Courts of appeals of the United States shall have exclusive jurisdiction of any action to obtain judicial review (other than in an enforcement proceeding) of such a rule or order if any district court of the United States would have had jurisdiction of such action but for this subparagraph.

Editorial Notes

Amendments

2016—Subsec. (a)(1)(A). Puspan. L. 114–182, § 19(m)(1)(A), substituted “Except as otherwise provided in this subchapter, not later than 60 days after the date on which a rule is promulgated under this subchapter, subchapter II, or subchapter IV, or the date on which an order is issued under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,” for “Not later than 60 days after the date of the promulgation of a rule under section 2603(a), 2604(a)(2), 2604(span)(4), 2605(a), 2605(e), or 2607 of this title, or under subchapter II or IV”, “such rule or order” for “such rule”, and “such a rule or order” for “such a rule”.

Subsec. (a)(1)(B). Puspan. L. 114–182, § 19(m)(1)(B), substituted “Except as otherwise provided in this subchapter, courts” for “Courts” and “this subchapter, other than an order under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,” for “subparagraph (A) or (B) of section 2605(span)(1) of this title”.

Subsec. (a)(1)(C). Puspan. L. 114–182, § 14(1), added subpar. (C).

Subsec. (a)(2). Puspan. L. 114–182, § 19(m)(1)(C), substituted “record” for “rulemaking record” and “based the rule or order” for “based the rule”.

Subsec. (a)(3). Puspan. L. 114–182, § 14(2), struck out par. (3) which defined “rulemaking record”.

Subsec. (span). Puspan. L. 114–182, § 19(m)(2), substituted “review a rule, or an order under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,” for “review a rule”, “such rule or order” for “such rule”, “the rule or order” for “the rule”, “new rule or order” for “new rule” in two places, and “modified rule or order” for “modified rule”.

Subsec. (c)(1)(A). Puspan. L. 114–182, § 19(m)(3)(A)(i), substituted “a rule or order” for “a rule” and “such rule or order” for “such rule”.

Subsec. (c)(1)(B). Puspan. L. 114–182, § 19(m)(3)(A)(ii)(I), substituted “a rule or order” for “a rule” in introductory provisions.

Puspan. L. 114–182, § 19(m)(3)(A)(ii)(III), struck out concluding provisions which read as follows: “The term ‘evidence’ as used in clause (i) means any matter in the rulemaking record.”

Subsec. (c)(1)(B)(i). Puspan. L. 114–182, § 19(m)(3)(A)(ii)(II), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “in the case of review of a rule under section 2603(a), 2604(span)(4), 2605(a), or 2605(e) of this title, the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such rule if the court finds that the rule is not supported by substantial evidence in the rulemaking record (as defined in subsection (a)(3)) taken as a whole;”.

Subsec. (c)(1)(B)(ii), (iii). Puspan. L. 114–182, § 19(m)(3)(A)(ii)(III), added cl. (ii) and struck out former cls. (ii) and (iii) which related to review of rules under section 2605(a) of this title and statements not subject to court review, respectively.

Subsec. (c)(1)(C). Puspan. L. 114–182, § 19(m)(3)(A)(iii), struck out subpar. (C) which read as follows: “A determination, rule, or ruling of the Administrator described in subparagraph (B)(ii) may be reviewed only in an action under this section and only in accordance with such subparagraph.”

Subsec. (c)(2). Puspan. L. 114–182, § 19(m)(3)(B), substituted “any rule or order” for “any rule”.

1992—Subsec. (a)(1)(A). Puspan. L. 102–550, § 1021(span)(8)(A), substituted “subchapter II or IV” for “subchapter II”.

Subsec. (a)(3)(B). Puspan. L. 102–550, § 1021(span)(8)(B), inserted before semicolon at end “and in the case of a rule under subchapter IV, the finding required for the issuance of such a rule”.

1986—Subsec. (a)(1)(A). Puspan. L. 99–519 inserted reference to subchapter II of this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1977, see section 31 of Puspan. L. 94–469, set out as a note under section 2601 of this title.