Title 45 — RailroadsRelease 119-73
§1105 Judicial review
Title 45 › Chapter CHAPTER 20— - NORTHEAST RAIL SERVICE › § 1105
Summary
All civil cases about enforcing, running, reading, or challenging the rules in the subtitle or part 2 of the Conrail Privatization Act (45 U.S.C. 1311 et seq.) must be filed first and only in the special court (the U.S. District Court for the District of Columbia). That includes four kinds of cases: asking the court for orders or declarations about the law or related agency actions when those actions can be reviewed by a court; challenges that the law is unconstitutional; requests to see or copy documents held by the Secretary, Conrail, the United States Railway Association, or Amtrak that would be discoverable in such cases; and constitutional claims against the United States that come from how the law operates. Orders or judgments from that court can be appealed under 28 U.S.C. 1291, 1292, and 1294. Reviewable agency actions under these parts must stand unless a court finds them unlawful using the informal‑agency standards in 5 U.S.C. 706(2)(A)–(D). The procedures in the subtitle or part 2 are the only legal procedures required for those agency actions.
Full Legal Text
Title 45, §1105
Railroads — Source: USLM XML via OLRC
(a)Notwithstanding any other provision of law, the special court shall have original and exclusive jurisdiction over any civil action—
(1)for injunctive, declaratory, or other relief relating to the enforcement, operation, execution, or interpretation of any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 et seq.], or administrative action taken thereunder to the extent such action is subject to judicial review;
(2)challenging the constitutionality of any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 et seq.];
(3)to obtain, inspect, copy, or review any document in the possession or control of the Secretary, Conrail, the United States Railway Association, or Amtrak that would be discoverable in litigation under any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 et seq.]; or
(4)seeking judgment upon any claim against the United States founded upon the Constitution and resulting from the operation of any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 et seq.].
(b)An order or judgment of the United States District Court for the District of Columbia in any action referred to in this section shall be reviewable in accordance with section 1291, 1292, and 1294 of title 28.
(c)Administrative action under the provisions of or amendments made by this subtitle or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 et seq.] which is subject to review shall be upheld unless such action is found to be unlawful under standards established for review of informal agency action under paragraphs (2)(A), (B), (C), and (D) of section 706 of title 5. The requirements of this subtitle or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 et seq.], as the case may be, shall constitute the exclusive procedures required by law for such administrative action.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This subtitle, referred to in subsecs. (a) and (c), is subtitle E (§§ 1131–1169) of title XI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 643, known as the Northeast Rail Service Act of 1981. For complete classification of this subtitle to the Code, see
Short Title
note set out under section 1101 of this title and Tables. The Conrail Privatization Act, referred to in subsecs. (a) and (c), is subtitle A (§§ 4001–4052) of title IV of Pub. L. 99–509, Oct. 21, 1986, 100 Stat. 1892. Part 2 of that Act is classified principally to subchapter II (§ 1311 et seq.) of chapter 22 of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 1301 of this title and Tables.
Amendments
1996—Subsec. (b). Pub. L. 104–317, § 605(b)(3), added heading and text of subsec. (b) and struck out former subsec. (b) which read as follows: “A judgment of the special court in any action referred to in this section shall be reviewable only upon petition for a writ of certiorari to the Supreme Court of the United States. Such review is exclusive and any such petition shall be filed in the Supreme Court not more than 20 days after entry of such order or judgment.” Subsec. (d). Pub. L. 104–317, § 605(c)(4), struck out subsec. (d) which read as follows: “If the volume of civil actions under subsection (a) of this section so requires, the United States Railway Association shall apply to the judicial panel on multi-district litigation authorized by section 1407 of title 28 for the assignment of additional judges to the special court. Within 30 days after the date of such application, the panel shall assign to the special court such additional judges as may be necessary to exercise the jurisdiction described in subsection (a) of this section.” 1988—Subsec. (b). Pub. L. 100–352 struck out “, except that any order or judgment enjoining the
Enforcement
, or declaring or determining the unconstitutionality or invalidity, of any provision of this subtitle shall be reviewable by direct appeal to the Supreme Court of the United States” at end of first sentence and substituted “such petition shall be filed in the Supreme Court” for “petition or appeal shall be filed” in second sentence. 1986—Subsecs. (a), (b). Pub. L. 99–509, § 4033(c)(1)(A)(i), inserted “or part 2 of the Conrail Privatization Act” after “subtitle” wherever appearing. Subsec. (c). Pub. L. 99–509, § 4033(c)(1)(A), inserted “or part 2 of the Conrail Privatization Act” after “subtitle” in first sentence and “or part 2 of the Conrail Privatization Act, as the case may be,” after “subtitle” in second sentence.
Statutory Notes and Related Subsidiaries
Effective Date
of 1996 AmendmentAmendment by Pub. L. 104–317 effective 90 days after Oct. 19, 1996, and except as otherwise provided, applicable to proceedings that arise or continue after such
Effective Date
, see section 605(e) of Pub. L. 104–317, set out as a note under section 719 of this title.
Effective Date
of 1988 AmendmentAmendment by Pub. L. 100–352 effective ninety days after June 27, 1988, except that such amendment not to apply to cases pending in Supreme Court on such
Effective Date
or affect right to review or manner of reviewing judgment or decree of court which was entered before such
Effective Date
, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of Title 28, Judiciary and Judicial Procedure. Cases Pending in Special CourtFor applicability of amendment by Pub. L. 104–317 to cases pending in special court established under section 719(b) of this title, see section 605(d) of Pub. L. 104–317, set out as a note under section 719 of this title. Abolition of United States Railway Association and
Transfer of Functions
and Securities See section 1341 of this title.
Reference
Citations & Metadata
Citation
45 U.S.C. § 1105
Title 45 — Railroads
Last Updated
Apr 6, 2026
Release point: 119-73