§1276 Judicial review

Summary

The Secretary’s decisions about approving or rejecting a State mining program, or making a Federal program under this chapter, can be taken to federal court. If the program at issue is for a State, the case goes to the U.S. District Court that includes that State’s capital. National rules made under sections 1251, 1265, 1266, and 1273 must be reviewed in the U.S. District Court for the District of Columbia. Other rulemaking is reviewed only in the federal district where the surface coal mining operation is located. A court must uphold the Secretary’s action unless it finds the action was arbitrary, capricious, or broke the law. Anyone who participated in the agency process and who is harmed by the action can file a petition within 60 days (or later if the issue arose after day 60). Civil penalty or other proceedings under section 554 must be reviewed in the district where the mine is located within 30 days, and the court can order payment of penalties. The court reviews only the record from the Secretary. If the Secretary’s findings have substantial evidence, the court must accept them. The court may affirm, change, or send the case back for more work. The court can give temporary relief before the final decision if all parties are notified and heard, the requester is likely to win, and the relief won’t harm public health, safety, or cause serious immediate environmental damage. Filing a case does not automatically pause the Secretary’s action unless the court orders a stay. State agency actions under an approved State program are reviewed under State law and do not limit the rights in section 1270.