§2633 — Title 16 Conservation | U.S. Code

Summary

Federal courts normally cannot hear cases that come from subchapter I, subchapter II, or this subchapter. There are two exceptions. Federal courts can hear cases allowed under the federal rules that let the Secretary sue to protect his right to join proceedings or that allow federal-court review of federal-agency decisions. The Supreme Court can also review such cases under 28 U.S.C. 1257 and 1258. The Secretary may sue in federal court to enforce his right to join and take part in proceedings. If a utility or electric customer is blocked from joining by a State court, they can ask a federal district court to order the State regulator or nonregulated utility to let them join. People who took part in a proceeding can ask State courts to review or enforce decisions about non‑Federal utilities, following State rules. For decisions by Federal agencies, people (including the Secretary) may seek review or enforcement in federal court. The Secretary may also join reviews as a friend of the court and may intervene in proceedings or court reviews.

Title 16, §2633

Conservation — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, no court of the United States shall have jurisdiction over any action arising under any provision of subchapter I or II or of this subchapter except for—

(1)an action over which a court of the United States has jurisdiction under subsection (b) or (c)(2); and

(2)review of any action in the Supreme Court of the United States in accordance with section 1257 and 1258 of title 28.

(b)(1)The Secretary may bring an action in any appropriate court of the United States to enforce his right to intervene and participate under section 2631(a) of this title, and such court shall have jurisdiction to grant appropriate relief.

(2)If any electric utility or electric consumer having a right to intervene under section 2631(a) of this title is denied such right by any State court, such electric utility or electric consumer may bring an action in the appropriate United States district court to require the State regulatory authority or nonregulated electric utility to permit such intervention and participation, and such court shall have jurisdiction to grant appropriate relief.

(3)Nothing in this subsection prohibits any person bringing any action under this subsection in a court of the United States from seeking review and enforcement at any time in any State court of any rights he may have with respect to any motion to intervene or participate in any proceeding.

(c)(1)Any person (including the Secretary) may obtain review of any determination made under subchapter I or II or under this subchapter with respect to any electric utility (other than a utility which is a Federal agency) in the appropriate State court if such person (or the Secretary) intervened or otherwise participated in the original proceeding or if State law otherwise permits such review. Any person (including the Secretary) may bring an action to enforce the requirements of this chapter in the appropriate State court, except that no such action may be brought in a State court with respect to a utility which is a Federal agency. Such review or action in a State court shall be pursuant to any applicable State procedures.

(2)Any person (including the Secretary) may obtain review in the appropriate court of the United States of any determination made under subchapter I or II or this subchapter by a Federal agency if such person (or the Secretary) intervened or otherwise participated in the original proceeding or if otherwise applicable law permits such review. Such court shall have jurisdiction to grant appropriate relief. Any person (including the Secretary) may bring an action to enforce the requirements of subchapter I or II or this subchapter with respect to any Federal agency in the appropriate court of the United States and such court shall have jurisdiction to grant appropriate relief.

(3)In addition to his authority to obtain review under paragraph (1) or (2), the Secretary may also participate as an amicus curiae in any review by any court of an action arising under the provisions of subchapter I or II or this subchapter.

(d)Nothing in this section prohibits the Secretary from—

(1)intervening and participating in any proceeding, or

(2)intervening and participating in any review by any court of any action

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (c)(1), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.

§2633 Judicial review and enforcement

Summary

Title 16, §2633

Notes & Related Subsidiaries

Editorial Notes

References in Text

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