§520 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

An order made under section 516 can be appealed to the U.S. court of appeals for any circuit that includes the bridge if a petition is filed within three months. That court’s decision is final unless the Supreme Court reviews it under section 1254 of title 28. The appeal looks only at legal questions; the Secretary’s factual findings stand if backed by substantial evidence. The court may affirm, change, reverse, or send the case back. Appeals do not delay other Secretary orders (except orders under section 516) and do not remove any owner’s liability or penalties.

Title 33, §520

Navigation and Navigable Waters — Source: USLM XML via OLRC

Any order made or issued under section 516 of this title may be reviewed by the court of appeals for any judicial circuit in which the bridge in question is wholly or partly located, if a petition for such review is filed within three months after the date such order is issued. The judgment of any such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certification or certiorari, in the manner provided in section 1254 of title 28. The review by such Court shall be limited to questions of law, and the findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. Upon such review, such Court shall have power to affirm or, if the order is not in accordance with law, to modify or to reverse the order, with or without remanding the case for a rehearing as justice may require. Proceedings under this section shall not operate as a stay of any order of the Secretary issued under provisions of this subchapter other than section 516 of this title, or relieve any bridge owner of any liability or penalty under such provisions.

Notes & Related Subsidiaries

Editorial Notes

Codification “Section 1254 of title 28” substituted in text for “section 239 and 240 of the Judicial Code, as amended” on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. Prior to the enactment of Title 28, section 239 and 240 of the Judicial Code were classified to section 346 and 347 of Title 28.

Statutory Notes and Related Subsidiaries

Change of Name

Act

June 25, 1948, as amended by act

May 24, 1949, substituted “court of appeals” for “circuit court of appeals”.

§520 Review of Findings and Orders