Title 28, Judiciary and Judicial ProcedureRelease 119-102
§2348 Representation in Proceeding; Intervention
Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 158 — ORDERS OF FEDERAL AGENCIES; REVIEW › § 2348
Summary
The Attorney General controls the government's role in cases under this chapter. The agency that made an order, anyone whose interests would change if the order is stopped, and affected communities, groups, or companies can join the court review and hire lawyers; the Attorney General cannot end the review over their objection, and those who join can continue the case.
Full Legal Text
Title 28, §2348
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
The Attorney General is responsible for and has control of the interests of the Government in all court proceedings under this chapter. The agency, and any party in interest in the proceeding before the agency whose interests will be affected if an order of the agency is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review the order. Communities, associations, corporations, firms, and individuals, whose interests are affected by the order of the agency, may intervene in any proceeding to review the order. The Attorney General may not dispose of or discontinue the proceeding to review over the objection of any party or intervenor, but any intervenor may prosecute, defend, or continue the proceeding unaffected by the action or inaction of the Attorney General.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1038.Dec. 29, 1950, ch. 1189, § 8, 64 Stat. 1131. In the first sentence, the words “is responsible for and has control” are substituted for “shall be responsible for and have charge and control”. In the last sentence, the word “may” is substituted for “shall”. The word “aforesaid” following “any party or intervenor” is omitted as unnecessary. The words “any intervenor” and “inaction” are substituted for “said intervenor or intervenors” and “nonaction”, respectively.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2348
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102