§8412 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Final rules or orders that ban something or give an exemption or permit must be printed in the Federal Register. They cannot start sooner than the 60th calendar day after they are printed. If the Secretary denies a petition for an exemption or permit, that denial and the reasons must also be published in the Federal Register. Anyone harmed or affected by such a rule, order, or a denial can, before the 60th day after it is published, ask the U.S. Court of Appeals for the circuit where they live or do most of their business to review it. The court clerk must send a copy to the Secretary, who must file the written record used to make the decision. The court will review the case under chapter 7 of title 5 and may give relief. A rule or denial can only be upheld if supported by substantial evidence. The court’s decision is final, but the Supreme Court may review it by certiorari or certification under section 1254 of title 28. Attorneys appointed by the Secretary may represent the Secretary in these cases under the Attorney General’s direction (see sections 519 of title 28 and 7192(c) of this title).

Title 42, §8412

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

(a)Any final rule or order prescribed by the Secretary imposing a prohibition or granting an exemption (or permit) under this chapter shall be published in the Federal Register, and shall not take effect earlier than the 60th calendar day after such rule or order is published.

(b)Any final order issued by the Secretary denying any petition for an exemption or a permit under this chapter shall be published in the Federal Register, together with the reasons for such action.

(c)(1)Any person aggrieved by any final rule or order referred to in subsection (a) or in section 8374 of this title, or by the denial of a petition for an order granting an exemption (or permit) referred to in subsection (b), may at any time before the 60th day after the date such rule, order, or denial is published under subsection (a) or (b), file a petition with the United States court of appeals for the circuit wherein such person resides, or has his principal place of business, for judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which the rule or order was based as provided in section 2112 of title 28.

(2)Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule, order, or denial in accordance with chapter 7 of title 5, and to grant appropriate relief as provided in such chapter. No rule or order (or denial thereof) may be affirmed unless supported by substantial evidence.

(3)The judgment of the court affirming or setting aside, in whole or in part, any such rule, order, or denial shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.

(4)Subject to the direction and control of the Attorney General, as provided in section 519 of title 28, attorneys appointed by the Secretary may appear for and represent the Secretary in any proceeding instituted under this section in accordance with section 7192(c) of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 8301 of this title and Tables.

§8412 Judicial review