Title 28, Judiciary and Judicial ProcedureRelease 119-102
§1342 Rate Orders of State Agencies
Title 28 › PART IV — JURISDICTION AND VENUE › CHAPTER 85 — DISTRICT COURTS; JURISDICTION › § 1342
Summary
Federal district courts must not block state orders that set public-utility rates when four things are true: jurisdiction is only diversity or a constitutional claim, the order has no interstate-commerce effect, it followed fair notice and hearing, and state courts provide a plain, speedy remedy.
Full Legal Text
Title 28, §1342
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
The district courts shall not enjoin, suspend or restrain the operation of, or compliance with, any order affecting rates chargeable by a public utility and made by a State administrative agency or a rate-making body of a State political subdivision, where:
(1)Jurisdiction is based solely on diversity of citizenship or repugnance of the order to the Federal Constitution; and,
(2)The order does not interfere with interstate commerce; and,
(3)The order has been made after reasonable notice and hearing; and,
(4)A plain, speedy and efficient remedy may be had in the courts of such State.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143). This section rearranges and restates the fourth sentence of section 41(1) of title 28, U.S.C., 1940 ed. Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in section 1331, 1332, 1341, 1345, 1354, and 1359 of this title. Words “at law or in equity” before “in the courts of such State” were omitted as unnecessary. Words “civil action” were substituted for “suit,” in view of Rule 2 of the Federal Rules of Civil Procedure. Word “operation” was substituted for “
Enforcement
, operation or execution” for the same reason.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1342
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102