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Title 28 — Judiciary and Judicial ProcedureRelease 119-73

§2348 Representation in proceeding; intervention

Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 158— - ORDERS OF FEDERAL AGENCIES; REVIEW › § 2348

Last updated Apr 6, 2026|Official source

Summary

Gives the Attorney General control of the government's legal interest in cases under this chapter. The agency and any party whose rights would be affected by an agency order may join the review and have a lawyer. Communities, groups, businesses, and people affected may also intervene. The Attorney General cannot drop or end the review if any party or person who joined objects. Anyone who joined the case can continue to prosecute, defend, or carry on the review even if the Attorney General stops or does nothing.

Full Legal Text

Title 28, §2348

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

The Attorney General is responsible for and has control of the interests of the Government in all court proceedings under this chapter. The agency, and any party in interest in the proceeding before the agency whose interests will be affected if an order of the agency is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review the order. Communities, associations, corporations, firms, and individuals, whose interests are affected by the order of the agency, may intervene in any proceeding to review the order. The Attorney General may not dispose of or discontinue the proceeding to review over the objection of any party or intervenor, but any intervenor may prosecute, defend, or continue the proceeding unaffected by the action or inaction of the Attorney General.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1038.Dec. 29, 1950, ch. 1189, § 8, 64 Stat. 1131. In the first sentence, the words “is responsible for and has control” are substituted for “shall be responsible for and have charge and control”. In the last sentence, the word “may” is substituted for “shall”. The word “aforesaid” following “any party or intervenor” is omitted as unnecessary. The words “any intervenor” and “inaction” are substituted for “said intervenor or intervenors” and “nonaction”, respectively.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2348

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73