§10139 — Title 42 The Public Health and Welfare | U.S. Code

§10139 Judicial review of agency actions

Title 42 › Chapter CHAPTER 108— - NUCLEAR WASTE POLICY › Subchapter SUBCHAPTER I— - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE › Part Part A— - Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel › § 10139

Last updated Apr 6, 2026|Official source

Summary

Except for cases the Supreme Court takes, the U.S. courts of appeals are the first and only courts that can hear certain lawsuits about actions under this part. It covers six types of cases, including review of final decisions, claims that the Secretary, President, or Commission failed to act, constitutional challenges, required environmental impact statements and assessments, and review of research and development activities. You can file in the circuit where you live or where your main office is, or in the D.C. Circuit. You must file no later than the 180th day after the decision, action, or failure to act. If you did not know and a reasonable person in your situation would not have known, you get 180 days from when you actually or should have learned about it.

Title 42, §10139

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)Except for review in the Supreme Court of the United States, the United States courts of appeals shall have original and exclusive jurisdiction over any civil action—

(A)for review of any final decision or action of the Secretary, the President, or the Commission under this part;

(B)alleging the failure of the Secretary, the President, or the Commission to make any decision, or take any action, required under this part;

(C)challenging the constitutionality of any decision made, or action taken, under any provision of this part;

(D)for review of any environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any action under this part, or as required under section 10155(c)(1) of this title, or alleging a failure to prepare such statement with respect to any such action;

(E)for review of any environmental assessment prepared under section 10132(b)(1) or 10155(c)(2) of this title; or

(F)for review of any research and development activity under subchapter II.

(2)The venue of any proceeding under this section shall be in the judicial circuit in which the petitioner involved resides or has its principal office, or in the United States Court of Appeals for the District of Columbia.

(c)A civil action for judicial review described under subsection (a)(1) may be brought not later than the 180th day after the date of the decision or action or failure to act involved, as the case may be, except that if a party shows that he did not know of the decision or action complained of (or of the failure to act), and that a reasonable person acting under the circumstances would not have known, such party may bring a civil action not later than the 180th day after the date such party acquired actual or constructive knowledge of such decision, action, or failure to act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a)(1)(D), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of this title and Tables.