49 USC 32909 - Judicial Review of Regulations
(a) Filing and Venue.—(1) A person that may be adversely affected by a regulation prescribed in carrying out any of sections 32901–32904 or 32908 of this title may apply for review of the regulation by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
(2) A person adversely affected by a regulation prescribed under section 32912(c)(1) of this title may apply for review of the regulation by filing a petition for review in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
(b) Time for Filing and Judicial Procedures.—The petition must be filed not later than 59 days after the regulation is prescribed, except that a petition for review of a regulation prescribing an amendment of a standard submitted to Congress under section 32902(c)(2) of this title must be filed not later than 59 days after the end of the 60-day period referred to in section 32902(c)(2). The clerk of the court shall send immediately a copy of the petition to the Secretary of Transportation or the Administrator of the Environmental Protection Agency, whoever prescribed the regulation. The Secretary or the Administrator shall file with the court a record of the proceeding in which the regulation was prescribed.
(c) Additional Proceedings.—(1) When reviewing a regulation under subsection (a)(1) of this section, the court, on request of the petitioner, may order the Secretary or the Administrator to receive additional submissions if the court is satisfied the additional submissions are material and there were reasonable grounds for not presenting the submissions in the proceeding before the Secretary or Administrator.
(2) The Secretary or the Administrator may amend or set aside the regulation, or prescribe a new regulation because of the additional submissions presented. The Secretary or Administrator shall file an amended or new regulation and the additional submissions with the court. The court shall review a changed or new regulation.
(d) Supreme Court Review and Additional Remedies.—A judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28. A remedy under subsections (a)(1) and (c) of this section is in addition to any other remedies provided by law.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1070; Pub. L. 103–429, §6(38), Oct. 31, 1994, 108 Stat. 4382.)
Historical and Revision Notes
Pub. L. 103–272
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 32909(a)(1) |
15:2004(a) (1st sentence words before 4th and after 6th commas, last sentence). |
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §504; added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 908. |
| 32909(a)(2) |
15:2004(a) (4th sentence). |
|
| |
15:2008(e)(3)(A) (1st sentence less 15th–31st words), (B). |
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §508(e)(3); added Nov. 9, 1978, Pub. L. 95–619, §402, 92 Stat. 3256. |
| 32909(b) |
15:2004(a) (1st sentence words between 4th and 6th commas, 2d, 3d sentences). |
|
| |
15:2008(e)(3)(A) (1st sentence 15th–31st words, 2d, last sentences). |
|
| 32909(c) |
15:2004(b). |
|
| 32909(d) |
15:2004(c), (d). |
|
| |
15:2008(e)(3)(C). |
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Sections: 32902 32903 32904 32905 32906 32907 32908 32909 32910 32911 32912 32913 32914 32915 32916
Last modified: October 26, 2015