Title 28, Judiciary and Judicial ProcedureRelease 119-102
§3902 Judicial Review of Regulations
Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 179 — JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES › § 3902
Summary
Courts in cases under 1296 or 1346(g) may review regulations made under chapter 5 of title 3 using the tests in 5 U.S.C. 706(2)(A)–(D). If a court finds a regulation invalid, it must use the most relevant agency rule that implements the statute; otherwise regulations under this chapter cannot be reviewed by courts.
Full Legal Text
Title 28, §3902
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
In any proceeding under section 1296 or 1346(g) of this title in which the application of a regulation issued under chapter 5 of title 3 is at issue, the court may review the validity of the regulation in accordance with the provisions of subparagraphs (A) through (D) of section 706(2) of title 5. If the court determines that the regulation is invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regulations issued under this chapter is not subject to judicial review.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title.
Reference
Citations & Metadata
Citation
28 U.S.C. § 3902
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102