§15028 Appeals by States

Summary

A State may ask the U.S. court of appeals for its circuit to review a decision by the Secretary, but it must file that petition within 60 days. The court clerk must quickly send a copy of the petition to the Secretary, and the Secretary must promptly give the court the records used to make the decision. Before those records are filed, the Secretary may change or cancel the order. The court can approve or cancel the Secretary’s action, in whole or in part, either temporarily or permanently. The Secretary’s factual findings are final if enough evidence supports them, but the court can send the case back for more proceedings. The Secretary can then make new findings and must file the new record. The court’s judgment is final unless the U.S. Supreme Court takes the case. Starting an appeal does not stop the Secretary’s action unless the court orders a stay.