§10139 — Title 42 The Public Health and Welfare | U.S. Code

§10139 Judicial Review of Agency Actions

Title 42 › Chapter 108— NUCLEAR WASTE POLICY › Subchapter I— DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE › Part A— Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel › § 10139

Last updated Apr 5, 2026|Official source

Summary

Gives the U.S. courts of appeals (except the Supreme Court) the only place to start civil cases about actions under this part by the Secretary, the President, or the Commission. It covers review of final decisions, claims that those officials failed to act, constitutional challenges, environmental impact statements and assessments, and research and development reviews. You must file in the appeals court for the circuit where you live or have your main office, or in the D.C. Circuit. You must bring the case within 180 days of the decision, action, or failure to act, or within 180 days after you reasonably learned about it.

Title 42, §10139

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)Except for review in the Supreme Court of the United States, the United States courts of appeals shall have original and exclusive jurisdiction over any civil action—

(A)for review of any final decision or action of the Secretary, the President, or the Commission under this part;

(B)alleging the failure of the Secretary, the President, or the Commission to make any decision, or take any action, required under this part;

(C)challenging the constitutionality of any decision made, or action taken, under any provision of this part;

(D)for review of any environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any action under this part, or as required under section 10155(c)(1) of this title, or alleging a failure to prepare such statement with respect to any such action;

(E)for review of any environmental assessment prepared under section 10132(b)(1) or 10155(c)(2) of this title; or

(F)for review of any research and development activity under subchapter II.

(2)The venue of any proceeding under this section shall be in the judicial circuit in which the petitioner involved resides or has its principal office, or in the United States Court of Appeals for the District of Columbia.

(c)A civil action for judicial review described under subsection (a)(1) may be brought not later than the 180th day after the date of the decision or action or failure to act involved, as the case may be, except that if a party shows that he did not know of the decision or action complained of (or of the failure to act), and that a reasonable person acting under the circumstances would not have known, such party may bring a civil action not later than the 180th day after the date such party acquired actual or constructive knowledge of such decision, action, or failure to act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a)(1)(D), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of this title and Tables.