Title 28Judiciary and Judicial ProcedureRelease 119-73

§1336 Surface Transportation Board’s orders

Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 85— - DISTRICT COURTS; JURISDICTION › § 1336

Last updated Apr 6, 2026|Official source

Summary

Unless Congress says otherwise, federal district courts can hear civil cases to enforce or to block Surface Transportation Board orders. That includes orders about paying money or collecting fines, penalties, or forfeitures. If a district court or the United States Court of Federal Claims sends a question to the Board for a decision, the court that sent it is the only court that can handle cases to enforce, overturn, or pause the Board’s order that comes from that referral. Those cases must be filed within 90 days after the Board’s order becomes final.

Full Legal Text

Title 28, §1336

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Except as otherwise provided by Act of Congress, the district courts shall have jurisdiction of any civil action to enforce, in whole or in part, any order of the Surface Transportation Board, and to enjoin or suspend, in whole or in part, any order of the Surface Transportation Board for the payment of money or the collection of fines, penalties, and forfeitures.
(b)When a district court or the United States Court of Federal Claims refers a question or issue to the Surface Transportation Board for determination, the court which referred the question or issue shall have exclusive jurisdiction of a civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, any order of the Surface Transportation Board arising out of such referral.
(c)Any action brought under subsection (b) of this section shall be filed within 90 days from the date that the order of the Surface Transportation Board becomes final.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 41(27), (28) (Mar. 3, 1911, ch. 231, §§ 24(27), (28), 207, 36 Stat. 1091, 1148; Oct. 22, 1913, ch. 32, 38 Stat. 219). Words “Except as otherwise provided by enactment of Congress” were inserted because of certain similar cases of which the courts of appeals are given jurisdiction. (See, for example, section 21 of title 15, U.S.C., 1940 ed., Commerce and Trade.) Words “any civil action” were substituted for “all cases” and “cases” in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology.

Editorial Notes

Amendments

1995—Pub. L. 104–88 substituted “Surface Transportation Board’s” for “Interstate Commerce Commission’s” in section catchline and “Surface Transportation Board” for “Interstate Commerce Commission” wherever appearing in text. 1992—Subsec. (b). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Subsec. (b). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”. 1975—Subsec. (a). Pub. L. 93–584 substituted provisions that the district courts shall have jurisdiction of civil actions to enforce, in whole or in part, orders of the Interstate Commerce Commission, and to enjoin or suspend, in whole or in part, any order of the Interstate Commerce Commission for the payment of money or the collection of fines, penalties, and forfeitures, for provisions that the district courts shall have jurisdiction of civil actions to enforce, enjoin, set aside, annul or suspend, in whole or in part, any order of the Interstate Commerce Commission. 1964—Pub. L. 88–513 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an

Effective Date

note under section 1301 of Title 49, Transportation.

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

Effective Date

of 1975 AmendmentAmendment by Pub. L. 93–584 not applicable to actions commenced on or before last day of first month beginning after Jan. 2, 1975, and actions to enjoin or suspend orders of Interstate Commerce Commission which are pending when this amendment becomes effective shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced, see section 10 of Pub. L. 93–584, set out as a note under section 2321 of this title.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1336

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73