Thunder Basin Coal Co. v. Reich, 510 U.S. 200, 13 (1994)

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212

THUNDER BASIN COAL CO. v. REICH

Opinion of the Court

Abbott Laboratories v. Gardner, 387 U. S. 136 (1967), is not to the contrary. In that case, this Court held that statutory review of certain provisions of the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1040, as amended by the Drug Amendments of 1962, 76 Stat. 780, 21 U. S. C. 301 et seq., did not preclude district court jurisdiction over a pre-enforcement challenge to regulations promulgated under separate provisions of that Act. In so holding, the Court found that the presence of a statutory saving clause, see 387 U. S., at 144, and the statute's legislative history demonstrated "rather conclusively that the specific review provisions were designed to give an additional remedy and not to cut down more traditional channels of review," id., at 142. It concluded that Congress' primary concern in adopting the administrative-review procedures was to supplement review of specific agency determinations over which traditional forms of review might be inadequate. Id., at 142-144. Contrary to petitioner's contentions, no comparable statutory language or legislative intent is present here. Indeed, as discussed above, the Mine Act's text and legislative history suggest precisely the opposite. The prospect that federal jurisdiction might thwart effective enforcement of the statute also was less immediate in Abbott Laboratories, since the Abbott petitioners did not attempt to stay enforcement of the challenged regulation pending judicial review, as petitioner did here. Id., at 155-156.

C

We turn to the question whether petitioner's claims are of the type Congress intended to be reviewed within this statutory structure. This Court previously has upheld district court jurisdiction over claims considered "wholly 'collateral' " to a statute's review provisions and outside the agency's expertise, Heckler v. Ringer, 466 U. S. 602, 618 (1984), discussing Mathews v. Eldridge, 424 U. S. 319 (1976), particularly where a finding of preclusion could foreclose all meaningful

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