§720e — Title 15 Commerce and Trade | U.S. Code

Summary

The United States Court of Appeals for the District of Columbia Circuit is the only court that can first hear challenges under this chapter, unless the Supreme Court later agrees to take the case. That court decides if final federal agency actions under the chapter are valid, if parts of the chapter or actions under it are constitutional, and if permits, approvals, or other decisions for gas transportation projects built and run under section 720a are valid. This includes reviews under laws like the Administrative Procedure Act, the Endangered Species Act, the National Environmental Policy Act, certain land laws, and the Alaska National Interest Lands Conservation Act. A claim must be filed within 60 days after the decision or action. The court must move these cases quickly because of the national interest in getting Alaska’s gas to help meet future demand.

Title 15, §720e

Commerce and Trade — Source: USLM XML via OLRC

(a)Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine—

(1)the validity of any final order or action (including a failure to act) of any Federal agency or officer under this chapter;

(2)the constitutionality of any provision of this chapter, or any decision made or action taken under this chapter; or

(3)the validity of any determination, permit, approval, authorization, review, or other related action taken under any provision of law relating to a gas transportation project constructed and operated in accordance with section 720a of this title, including—

(A)subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the “Administrative Procedure Act”);

(B)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(C)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(D)chapter 2003 of title 54; 11 So in original. Probably should be “division A of subtitle III of title 54;”. and

(E)the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).

(b)A claim arising under this chapter may be brought not later than 60 days after the date of the decision or action giving rise to the claim.

(c)The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant gas reserves in Alaska needed to meet the anticipated demand for natural gas.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this division”, meaning division C of Pub. L. 108–324, Oct. 13, 2004, 118 Stat. 1255, which is classified principally to this chapter. For complete classification of division C to the Code, see

Short Title

note set out under section 720 of this title and Tables. The Endangered Species Act of 1973, referred to in subsec. (a)(3)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

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note set out under section 1531 of Title 16 and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (a)(3)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

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note set out under section 4321 of Title 42 and Tables. The Alaska National Interest Lands Conservation Act, referred to in subsec. (a)(3)(E), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see

Short Title

note set out under section 3101 of Title 16, Conservation, and Tables. Codification Section is comprised of section 107 of Pub. L. 108–324. Subsec. (d) of section 107 of Pub. L. 108–324 amended section 719h of this title.

Amendments

2014—Subsec. (a)(3)(D). Pub. L. 113–287, which directed the substitution of “chapter 2003 of title 54” for “the National Historic Preservation Act (16 U.S.C. 470 et seq.)” in section 1072(a)(3)(D) of the Alaska Natural Gas Pipeline Act, was executed to this section, which is section 107 of the Alaska Natural Gas Pipeline Act, to reflect the probable intent of Congress. 2009—Subsec. (a)(3). Pub. L. 111–11 added par. (3) and struck out former par. (3) which read as follows: “the adequacy of any environmental impact statement prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any action under this chapter.”

§720e Judicial Review

Summary

Title 15, §720e

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Citations & Metadata