§ 2618. Judicial review

(a) In general

(1)

(A) Not later than 60 days after the date of the promulgation of a rule under section 2603 (a), 2604 (a)(2), 2604 (b)(4), 2605 (a), 2605 (e), or 2607 of this title, or under subchapter II or IV of this chapter, any person may file a petition for judicial review of such rule 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 if any district court of the United States would have had jurisdiction of such action but for this subparagraph.

(B) 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 an order issued under subparagraph (A) or (B) of section 2605 (b)(1) of this title if any district court of the United States would have had jurisdiction of such action but for this subparagraph.

(2) Copies of any petition filed under paragraph (1)(A) shall be transmitted forthwith to the Administrator and to the Attorney General by the clerk of the court with which such petition was filed. The provisions of section 2112 of title 28 shall apply to the filing of the rulemaking record of proceedings on which the Administrator based the rule being reviewed under this section and to the transfer of proceedings between United States courts of appeals.

(3) For purposes of this section, the term “rulemaking record” means—

(A) the rule being reviewed under this section;

(B) in the case of a rule under section 2603 (a) of this title, the finding required by such section, in the case of a rule under section 2604 (b)(4) of this title, the finding required by such section, in the case of a rule under section 2605 (a) of this title the finding required by section 2604 (f) or 2605 (a) of this title, as the case may be, in the case of a rule under section 2605 (a) of this title, the statement required by section 2605 (c)(1) of this title, and in the case of a rule under section 2605 (e) of this title, the findings required by paragraph (2)(B) or (3)(B) of such section, as the case may be ^[1] and in the case of a rule under subchapter IV of this chapter, the finding required for the issuance of such a rule;

(D) any written submission of interested parties respecting the promulgation of such rule; and

(E) any other information which the Administrator considers to be relevant to such rule and which the Administrator identified, on or before the date of the promulgation of such rule, in a notice published in the Federal Register.

(b) Additional submissions and presentations; modifications

If in an action under this section to review a rule the petitioner or the Administrator applies to the court for leave to make additional oral submissions or written presentations respecting such rule and shows to the satisfaction of the court that such submissions and presentations would be material and that there were reasonable grounds for the submissions and failure to make such submissions and presentations in the proceeding before the Administrator, the court may order the Administrator to provide additional opportunity to make such submissions and presentations. The Administrator may modify or set aside the rule being reviewed or make a new rule by reason of the additional submissions and presentations and shall file such modified or new rule with the return of such submissions and presentations. The court shall thereafter review such new or modified rule.

(1)

(A) Upon the filing of a petition under subsection (a)(1) of this section for judicial review of a rule, the court shall have jurisdiction

(i) to grant appropriate relief, including interim relief, as provided in chapter 7 of title 5, and

(ii) except as otherwise provided in subparagraph (B), to review such rule in accordance with chapter 7 of title 5.

(B) Section 706 of title 5 shall apply to review of a rule under this section, except that—

(i) in the case of review of a rule under section 2603 (a), 2604 (b)(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) of this section) taken as a whole;

(ii) in the case of review of a rule under section 2605 (a) of this title, the court shall hold unlawful and set aside such rule if it finds that—

(I) a determination by the Administrator under section 2605 (c)(3) of this title that the petitioner seeking review of such rule is not entitled to conduct (or have conducted) cross-examination or to present rebuttal submissions, or

(II) a rule of, or ruling by, the Administrator under section 2605 (c)(3) of this title limiting such petitioner’s cross-examination or oral presentations,

has precluded disclosure of disputed material facts which was necessary to a fair determination by the Administrator of the rulemaking proceeding taken as a whole; and section 706 (2)(D) shall not apply with respect to a determination, rule, or ruling referred to in subclause (I) or (II); and

(iii) the court may not review the contents and adequacy of—

(I) any statement required to be made pursuant to section 2605 (c)(1) of this title, or

(II) any statement of basis and purpose required by section 553 (c) of title 5 to be incorporated in the rule

except as part of a review of the rulemaking record taken as a whole.

The term “evidence” as used in clause (i) means any matter in the rulemaking record.

(C) 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.

(2) The judgment of the court affirming or setting aside, in whole or in part, any rule reviewed in accordance with this section shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28.

(d) Fees and costs

The decision of the court in an action commenced under subsection (a) of this section, or of the Supreme Court of the United States on review of such a decision, may include an award of costs of suit and reasonable fees for attorneys and expert witnesses if the court determines that such an award is appropriate.

(e) Other remedies

The remedies as provided in this section shall be in addition to and not in lieu of any other remedies provided by law.

[1] So in original. Probably should be followed by a comma.

U.S. Code

§ 2618. Judicial review