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Title 49 — TransportationRelease 119-73

§5127 Judicial review

Title 49 › Subtitle SUBTITLE III— - GENERAL AND INTERMODAL PROGRAMS › Chapter CHAPTER 51— - TRANSPORTATION OF HAZARDOUS MATERIAL › § 5127

Last updated Apr 6, 2026|Official source

Summary

People harmed by a final decision of the Secretary (except under section 20114(c)) may ask a Court of Appeals — D.C. or their circuit — to review it by filing a petition within 60 days. The court clerk must send the petition to the Secretary, who must file the record (28 U.S.C. §2112). The appeals court alone can uphold or set aside any part of the decision and order more proceedings. The court will only consider objections that were raised earlier with the Secretary or that had a good reason for not being raised then.

Full Legal Text

Title 49, §5127

Transportation — Source: USLM XML via OLRC

(a)Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary’s action becomes final.
(b)When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in section 2112 of title 28.
(c)The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary’s final action and may order the Secretary to conduct further proceedings.
(d)In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5127 was renumbered section 5128 of this title.

Reference

Citations & Metadata

Citation

49 U.S.C. § 5127

Title 49 — Transportation

Last Updated

Apr 6, 2026

Release point: 119-73