§1571 Judicial Review

Summary

Courts may only review whether an agency prepared the written statements and plans required by sections 1532 and 1533(a)(1) and (2), and that review must be done under section 706(1) of title 5. If an agency did not prepare a required written statement or plan, a court can order the agency to make one. But in other lawsuits about an agency rule, a missing or weak statement or plan cannot be used to stop, block, or cancel the rule. Information made under those requirements can be used as part of the rulemaking record in other court reviews. Petitions to force an agency to prepare documents follow the rules of whatever other federal law applies for things like administrative steps, filing time, and where to file, except that if that law does not set a filing limit shorter than 180 days, the time limit is 180 days after the final rule is published. These rules took effect on October 1, 1995, and apply only to rules whose notice of proposed rulemaking was issued on or after that date. Except for the limited court review above, the estimates, analyses, statements, reports, compliance findings, and decisions about whether the chapter applies cannot be reviewed by a court, and nothing in the chapter creates enforceable rights or benefits for anyone.