§8514 Judicial review

Summary

A State may sue in the proper U.S. district court, including asking the court to make a formal declaration, to challenge three kinds of actions: a target set by the President under the law; a President’s finding about whether the State met its emergency energy conservation target or failed to carry out promises in an approved plan; or a decision by the Secretary to disapprove a State plan, including a finding that the plan unfairly burdens a particular industry or business group. The district court must decide the legal questions and then send those questions right away to the U.S. court of appeals for that circuit. The appeals court must hear the case with all its judges. The appeals court’s decision can be taken to the Supreme Court if the Court agrees to review the case. Any petition to the Supreme Court must be filed no later than 20 days after the appeals court decision. For challenges to a President’s target, the district court may not issue a court order to stop something unless it is part of the case’s final judgment.