PRIA, Government Policy, Made Personal

§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 Sep 23, 2026|Official source

Summary

Only the U.S. courts of appeals must be the first and only courts to hear civil cases (except for review by the Supreme Court) about certain matters under this part. That includes reviews of final decisions or actions by the Secretary, the President, or the Commission; claims that they failed to act; challenges that a decision is unconstitutional; reviews of required environmental impact statements or assessments; and reviews of research and development activities. A lawsuit must be started no later than the 180th day after the decision, action, or failure to act. If a person did not know and a reasonable person would not have known, the 180 days start when that person actually or constructively learned of it. Venue is the appeals court for the circuit where the petitioner lives or has its main office, or the United States Court of Appeals for the District of Columbia.

Title 42, §10139

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

(a)Jurisdiction of United States courts of appeals

(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)Deadline for commencing action

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.