§1571 Judicial Review

Summary

Limits when courts can review whether an agency followed the rules for making required written statements and plans for big regulations. Courts can only review such compliance under section 706(1) of title 5 and only in the ways this law allows. If an agency fails to make a required written statement or plan, a court can order the agency to prepare it. But courts may not use a missing or weak statement or plan to block, pause, cancel, or otherwise affect the agency’s rule in other lawsuits. Information made under those requirements can be used as part of the rulemaking record in other reviews. Other federal law controls procedure for any petition to a court (like timing, venue, and exhausting steps), except if that law does not set a time shorter than 180 days, then the time limit is 180 days after the agency issues a final rule. These limits took effect October 1, 1995, and apply only to rules with a general notice of proposed rulemaking on or after that date. Except as above, the studies, estimates, reports, compliance or noncompliance, and decisions under this chapter cannot be reviewed by courts, and the chapter does not create any enforceable individual rights.