§1276 Judicial Review

Summary

Federal court can review the Secretary’s decisions about state coal programs, federal programs, or rules. If the decision is about approving or rejecting a State program or making a federal program, the case goes to the U.S. District Court for the district that includes the State capital. If the decision makes national rules under sections 1251, 1265, 1266, or 1273, the case goes to the U.S. District Court for the District of Columbia Circuit. Other rulemaking is reviewed in the federal district where the mine is located. Anyone who took part in the agency process and is hurt by the decision can file a petition in the right court within 60 days, or later only if the reason for the case happened after day 60. A Secretary’s order in a civil penalty or §554-type proceeding must be reviewed in the federal district where the mine is located, and that review must be filed within 30 days. The court looks only at the record the Secretary had. If the Secretary’s findings have substantial evidence on the record, the court must accept them. The court can uphold, throw out, change, or send the case back to the Secretary. The court may give temporary relief while the case is decided, but only if all parties get a chance to be heard, the requester is likely to win, and the relief won’t hurt public health, safety, or cause serious immediate environmental harm. Starting a court case does not automatically stop the Secretary’s order unless the court says so. State actions under an approved State program are reviewed in state court under state law.