§1409 — Title 2 The Congress | U.S. Code

Summary

When a case under section 1407 or 1408 raises a question about a regulation from this chapter, the court can decide if that rule is valid using parts (A) through (D) of section 706(2) of title 5. If the rule was approved by joint resolution under section 1384(c), only section 706(2)(B) applies. If the court finds the regulation invalid, it must use, as needed, the most relevant executive agency regulation created to carry out the same statute. Except for what is described here, courts may not review regulations made under this chapter.

Title 2, §1409

The Congress — Source: USLM XML via OLRC

In any proceeding brought under section 1407 or 1408 of this title in which the application of a regulation issued under this chapter is at issue, the court may review the validity of the regulation in accordance with the provisions of subparagraphs (A) through (D) of section 706(2) of title 5, except that with respect to regulations approved by a joint resolution under section 1384(c) of this title, only the provisions of section 706(2)(B) of title 5 shall apply. If the court determines that the regulation is invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regulations issued under this chapter is not subject to judicial review.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1301 of this title and Tables.

§1409 Judicial review of regulations