42 U.S.C. § 300j–7: Judicial review

Summary

You may ask a court to review certain EPA actions. Challenges to national primary drinking water rules (including maximum contaminant level goals) must be filed in the U.S. Court of Appeals for the D.C. Circuit. Challenges to any other final action by the Administrator must be filed in the federal appeals court for the circuit where the person lives or does business and is directly affected. The petition must be filed within the 45-day period that starts the day the rule, final action, or determination is issued. You can file later only if your challenge rests entirely on reasons that arose after that 45-day period ended. If you could have used this review, you cannot later seek the same review in a civil or criminal enforcement case or in a civil lawsuit to stop enforcement. If the challenge is about a civil penalty under section 300g–3(g)(3)(B), you must at the same time mail a copy of the complaint by certified mail to the Administrator and to the Attorney General. The court must set aside and send back the penalty order if it finds there is not substantial evidence of a violation or the penalty was an abuse of discretion. Federal district courts review decisions to grant or refuse variances or exemptions under sections 300g–4 or 300g–5, and they review any schedule set for a variance or exemption or a failure to set one. Those petitions must be filed within the 45-day period that starts the day the action is taken, or, for a refusal or failure, within 45 days from the date action was required. Late petitions are allowed only for reasons that arose after the 45 days. As above, if this review was available you cannot raise the same issue later in an enforcement or injunction case. In any court review of a decision made on a formal record after notice and a hearing, a party can ask the court to allow new evidence. If the court finds the new evidence is important and there was a good reason it was not offered before, the court can order that evidence to be taken before the Administrator. The Administrator may change or make new findings based on that evidence and must file those new or changed findings and any recommendation when returning the evidence.

Title 42, §300j–7

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

(a)Courts of appeals; petition for review: actions respecting regulations; filing period; grounds arising after expiration of filing period; exclusiveness of remedy

A petition for review of— (1)

(2)any other final action of the Administrator under this chapter may be filed in the circuit in which the petitioner resides or transacts business which is directly affected by the action.

Any such petition shall be filed within the 45-day period beginning on the date of the promulgation of the regulation or any other final Agency action with respect to which review is sought or on the date of the determination with respect to which review is sought, and may be filed after the expiration of such 45-day period if the petition is based solely on grounds arising after the expiration of such period. Action of the Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or in any civil action to enjoin enforcement. In any petition concerning the assessment of a civil penalty pursuant to section 300g–3(g)(3)(B) of this title, the petitioner shall simultaneously send a copy of the complaint by certified mail to the Administrator and the Attorney General. The court shall set aside and remand the penalty order if the court finds that there is not substantial evidence in the record to support the finding of a violation or that the assessment of the penalty by the Administrator constitutes an abuse of discretion.

(b)District courts; petition for review: actions respecting variances or exemptions; filing period; grounds arising after expiration of filing period; exclusiveness of remedy

The United States district courts shall have jurisdiction of actions brought to review (1) the granting of, or the refusing to grant, a variance or exemption under section 300g–4 or 300g–5 of this title or (2) the requirements of any schedule prescribed for a variance or exemption under such section or the failure to prescribe such a schedule. Such an action may only be brought upon a petition for review filed with the court within the 45-day period beginning on the date the action sought to be reviewed is taken or, in the case of a petition to review the refusal to grant a variance or exemption or the failure to prescribe a schedule, within the 45-day period beginning on the date action is required to be taken on the variance, exemption, or schedule, as the case may be. A petition for such review may be filed after the expiration of such period if the petition is based solely on grounds arising after the expiration of such period. Action with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or in any civil action to enjoin enforcement.

(c)Judicial order for additional evidence before Administrator; modified or new findings; recommendation for modification or setting aside of original determination

In any judicial proceeding in which review is sought of a determination under this subchapter required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such term and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–182, § 113(c)(2), (3), in concluding provisions, substituted “or any other final Agency action” for “or issuance of the order” and inserted at end “In any petition concerning the assessment of a civil penalty pursuant to section 300g–3(g)(3)(B) of this title, the petitioner shall simultaneously send a copy of the complaint by certified mail to the Administrator and the Attorney General. The court shall set aside and remand the penalty order if the court finds that there is not substantial evidence in the record to support the finding of a violation or that the assessment of the penalty by the Administrator constitutes an abuse of discretion.” Subsec. (a)(2). Pub. L. 104–182, § 113(c)(1), substituted “any other final action” for “any other action”. 1986—Subsec. (a)(1). Pub. L. 99–339, § 303(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “action of the Administrator in promulgating any national primary drinking water regulation under section 300g–1 of this title, any regulation under section 300g–2(b)(1) of this title, any regulation under section 300g–3(c) of this title, any regulation for State underground injection control programs under section 300h of this title, or any general regulation for the administration of this subchapter may be filed only in the United States Court of Appeals for the District of Columbia Circuit; and”. Subsec. (a)(2). Pub. L. 99–339, § 303(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “action of the Administrator in promulgating any other regulation under this subchapter, issuing any order under this subchapter, or making any determination under this subchapter may be filed only in the United States court of appeals for the appropriate circuit.”

§300j–7 Judicial Review

Summary

Title 42, §300j–7

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata