Title 28 — Judiciary and Judicial ProcedureRelease 119-73

§3902 Judicial review of regulations

Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 179— - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES › § 3902

Last updated Apr 6, 2026|Official source

Summary

When a case under 1296 or 1346(g) challenges a regulation made under chapter 5 of title 3, a court may review that regulation under subparagraphs (A)–(D) of section 706(2) of title 5. If the court finds the regulation invalid, it must, as needed, apply the most relevant executive agency regulation that implements the same statutory provisions; otherwise regulations under this chapter are not open to judicial review.

Full Legal Text

Title 28, §3902

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

In any proceeding under section 1296 or 1346(g) of this title in which the application of a regulation issued under chapter 5 of title 3 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. 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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title.

Reference

Citations & Metadata

Citation

28 U.S.C. § 3902

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73