§1276 Judicial Review

Summary

People can ask a federal court to review the Secretary’s decisions about approving or rejecting a State program or making a Federal program. If the issue is a State program, the case goes to the federal district court that covers the State capital. If the Secretary issues 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 court where the surface coal mine is located. The court must keep the Secretary’s action unless it finds the action was unreasonable or broke the law. A challenge must be filed within 60 days of the action (or later only for new grounds that arise after 60 days). Anyone who took part in the administrative process and is harmed by the decision may file. Civil penalty or similar decisions must be reviewed in the district where the mine is located within 30 days, and the court can order payment of penalties. The court looks only at the record the Secretary used. If the Secretary’s findings have strong evidence on the whole record, the court must accept them. The court can confirm, cancel, change, or send the case back for more work. The court may give temporary relief while the case is decided, but only if everyone is notified and heard, the requester is likely to win, and the relief won’t harm public health, safety, or cause serious imminent environmental damage. Filing a case does not automatically stop the Secretary’s action unless the court orders a stay. State agency actions under approved State programs are reviewed in State court under State law.