§300j–7 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Tells where people must file court cases to challenge EPA actions about drinking water. Challenges to setting national primary drinking water rules (including maximum contaminant level goals) can only be filed in the United States Court of Appeals for the District of Columbia Circuit. Any other final decision by the Administrator can be challenged in the federal appeals court for the circuit where the challenger lives or does business that is directly affected. District courts can hear cases that challenge the granting or denial of a variance or exemption under sections 300g–4 or 300g–5, or the schedule set for such a variance or exemption (or the failure to set one). Those cases must be filed within 45 days after the action or, for refusals or failures, within 45 days after the date action was required. Late filings are allowed only if they rely solely on facts that appeared after the 45 days. If a case requires a record-based hearing, a party may ask the court to allow new evidence. If the court agrees the evidence is important and there was a good reason it wasn’t offered earlier, the court can send that evidence to the Administrator, who may change or add findings and must file the updated findings and recommendation with the new evidence.

Title 42, §300j–7

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

(a)A petition for review of—

(1)actions pertaining to the establishment of national primary drinking water regulations (including maximum contaminant level goals) may be filed only in the United States Court of Appeals for the District of Columbia circuit; and

(2)any other final action of the Administrator under this chapter may be filed in the circuit in which the petitioner resides or transacts business which is directly affected by the action.

(b)The United States district courts shall have jurisdiction of actions brought to review (1) the granting of, or the refusing to grant, a variance or exemption under section 300g–4 or 300g–5 of this title or (2) the requirements of any schedule prescribed for a variance or exemption under such section or the failure to prescribe such a schedule. Such an action may only be brought upon a petition for review filed with the court within the 45-day period beginning on the date the action sought to be reviewed is taken or, in the case of a petition to review the refusal to grant a variance or exemption or the failure to prescribe a schedule, within the 45-day period beginning on the date action is required to be taken on the variance, exemption, or schedule, as the case may be. A petition for such review may be filed after the expiration of such period if the petition is based solely on grounds arising after the expiration of such period. Action with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or in any civil action to enjoin enforcement.

(c)In any judicial proceeding in which review is sought of a determination under this subchapter required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such term and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–182, § 113(c)(2), (3), in concluding provisions, substituted “or any other final Agency action” for “or issuance of the order” and inserted at end “In any petition concerning the assessment of a civil penalty pursuant to section 300g–3(g)(3)(B) of this title, the petitioner shall simultaneously send a copy of the complaint by certified mail to the Administrator and the Attorney General. The court shall set aside and remand the penalty order if the court finds that there is not substantial evidence in the record to support the finding of a violation or that the assessment of the penalty by the Administrator constitutes an abuse of discretion.” Subsec. (a)(2). Pub. L. 104–182, § 113(c)(1), substituted “any other final action” for “any other action”. 1986—Subsec. (a)(1). Pub. L. 99–339, § 303(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “action of the Administrator in promulgating any national primary drinking water regulation under section 300g–1 of this title, any regulation under section 300g–2(b)(1) of this title, any regulation under section 300g–3(c) of this title, any regulation for State underground injection control programs under section 300h of this title, or any general regulation for the administration of this subchapter may be filed only in the United States Court of Appeals for the District of Columbia Circuit; and”. Subsec. (a)(2). Pub. L. 99–339, § 303(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “action of the Administrator in promulgating any other regulation under this subchapter, issuing any order under this subchapter, or making any determination under this subchapter may be filed only in the United States court of appeals for the appropriate circuit.”

§300j–7 Judicial review

Summary

Title 42, §300j–7

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata