§2060 — Title 15 Commerce and Trade | U.S. Code

Summary

Anyone harmed or affected by a new consumer product safety rule, or any consumer or consumer group, can ask a federal appeals court to review the rule within 60 days. They may file in the U.S. Court of Appeals for the District of Columbia or in the federal appeals court for the circuit where they live or have their main business. The court clerk will send copies to the Consumer Product Safety Commission and to the Attorney General. The court gets the “record” the Commission used — the rule, any notices or proposals, transcripts of oral presentations, written comments, and other information the Commission relied on. If the filer asks to add new evidence and convinces the court it is important and that there was a good reason it was not submitted earlier, the court can order the Commission to allow more oral or written input. The Commission can then change or add findings and must file those changes with the new material. The court reviews the rule under chapter 7 of title 5 and can give any proper relief, including temporary relief. The court may also award court costs, reasonable attorney fees, and expert witness fees. Attorney fees can be charged against the United States without regard to section 2412 of title 28. A rule cannot be upheld unless the Commission’s findings under sections 2058(f)(1) and 2058(f)(3) are supported by substantial evidence on the whole record. The court’s decision is final unless the Supreme Court takes the case under section 1254 of title 28. These remedies are in addition to any other legal remedies. A “reasonable” attorney fee is based on actual time spent, reasonable expenses, and the usual rate for similar work in that court. For four special types of rules (under sections 2064(j), 2089, 2056a, and 2056b — e.g., hazard ID, ATVs, durable infant/toddler products, and mandatory toy safety), the same steps apply but the petition must be filed in the D.C. Circuit, and those rules cannot be reviewed under section 2066 or in enforcement proceedings.

Title 15, §2060

Commerce and Trade — Source: USLM XML via OLRC

(a)Not later than 60 days after a consumer product safety rule is promulgated by the Commission, any person adversely affected by such rule, or any consumer or consumer organization, may file a petition with the United States court of appeals for the District of Columbia, or for the circuit in which such person, consumer, or organization resides or has his principal place of business for judicial review of such rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose and to the Attorney General. The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in section 2112 of title 28. For purposes of this section, the term “record” means such consumer product safety rule; any notice or proposal published pursuant to section 2056, 2057, or 2058 of this title; the transcript required by section 2058(d)(2) of this title of any oral presentation; any written submission of interested parties; and any other information which the Commission considers relevant to such rule.

(b)If the petitioner applies to the court for leave to adduce additional data, views, or arguments and shows to the satisfaction of the court that such additional data, views, or arguments are material and that there were reasonable grounds for the petitioner’s failure to adduce such data, views, or arguments in the proceeding before the Commission, the court may order the Commission to provide additional opportunity for the oral presentation of data, views, or arguments and for written submissions. The Commission may modify its findings, or make new findings by reason of the additional data, views, or arguments so taken and shall file such modified or new findings, and its recommendation, if any, for the modification or setting aside of its original rule, with the return of such additional data, views, or arguments.

(c)Upon the filing of the petition under subsection (a) of this section the court shall have jurisdiction to review the consumer product safety rule in accordance with chapter 7 of title 5, and to grant appropriate relief, including interim relief, as provided in such chapter. A court may in the interest of justice include in such relief an award of the costs of suit, including reasonable attorneys’ fees (determined in accordance with subsection (f) 11 So in original. Probably should be followed by a closing parenthesis. and reasonable expert witnesses’ fees. Attorneys’ fees may be awarded against the United States (or any agency or official of the United States) without regard to section 2412 of title 28 or any other provision of law. The consumer product safety rule shall not be affirmed unless the Commission’s findings under section 2058(f)(1) and 2058(f)(3) of this title are supported by substantial evidence on the record taken as a whole.

(d)The judgment of the court affirming or setting aside, in whole or in part, any consumer product safety rule 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.

(e)The remedies provided for in this section shall be in addition to and not in lieu of any other remedies provided by law.

(f)For purposes of this section and section 2072(a) and 2073 of this title, a reasonable attorney’s fee is a fee (1) which is based upon (A) the actual time expended by an attorney in providing advice and other legal services in connection with representing a person in an action brought under this section, and (B) such reasonable expenses as may be incurred by the attorney in the provision of such services, and (2) which is computed at the rate prevailing for the provision of similar services with respect to actions brought in the court which is awarding such fee.

(g)(1)This subsection applies, in lieu of the preceding subsections of this section, to judicial review of—

(A)any consumer product safety rule promulgated by the Commission pursuant to section 2064(j) of this title (relating to identification of substantial hazards);

(B)any consumer product safety standard promulgated by the Commission pursuant to section 2089 of this title (relating to all-terrain vehicles);

(C)any standard promulgated by the Commission under section 2056a of this title (relating to durable infant and toddler products); and

(D)any consumer product safety standard promulgated by the Commission under section 2056b of this title (relating to mandatory toy safety standards).

(2)Not later than 60 days after the promulgation, by the Commission, of a rule or standard to which this subsection applies, any person adversely affected by such rule or standard may file a petition with the United States Court of Appeals for the District of Columbia Circuit for judicial review of such rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose and to the Attorney General. The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in section 2112 of title 28.

(3)Upon the filing of the petition under paragraph (2) of this subsection, the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5 and to grant appropriate relief, including interim relief, as provided in such chapter.

(4)The judgment of the court affirming or setting aside, in whole or in part, any final rule under 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.

(5)A rule or standard with respect to which this subsection applies shall not be subject to judicial review in proceedings under section 2066 of this title (relating to imported products) or in civil or criminal proceedings for enforcement.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (g). Pub. L. 110–314 added subsec. (g). 1983—Subsec. (c). Pub. L. 97–414 substituted “subsection (f)” for “section 2059(e)(4) of this title”. 1981—Subsec. (a). Pub. L. 97–35, § 1211(h)(2), substituted reference to section 2058(d)(2) of this title for reference to section 2058(a)(2) of this title. Subsec. (c). Pub. L. 97–35, § 1211(h)(1), substituted reference to section 2058(f)(1) and (3) of this title for reference to section 2058(c) of this title. Subsec. (f). Pub. L. 97–35, § 1211(h)(3)(A), added subsec. (f). 1976—Subsec. (a). Pub. L. 94–284, § 11(a), permitted the Commission to file the record of its proceedings on which its rule was based with the court in lieu of transmitting the record to the Attorney General. Subsec. (c). Pub. L. 94–284, § 10(b), inserted provision permitting the court to award costs, including reasonable attorneys’ fees, in the interest of justice.

Statutory Notes and Related Subsidiaries

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.

Effective Date

Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. Pending Actions Unaffected Pub. L. 110–314, title II, § 236(b), Aug. 14, 2008, 122 Stat. 3076, provided that: “The amendment made by subsection (a) [amending this section] shall not apply to any petition filed before the date of enactment of this Act [Aug. 14, 2008] for judicial review of any action by the Consumer Product Safety Commission.”

§2060 Judicial review of consumer product safety rules

Summary

Title 15, §2060

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata