PRIA, Government Policy, Made Personal

Summary

You can only ask the U.S. Court of Appeals for the District of Columbia Circuit to review certain EPA rules (like standards or labeling rules) and certain FAA rules (under section 44715). You must ask within 90 days after the rule is issued, unless your challenge depends only on facts that came up after those 90 days. If you could have used this court review, you cannot later try to get the same review in other civil or criminal cases about enforcing the rule. If new, important evidence shows up that wasn’t available earlier, the court can let that evidence be taken before the agency and added to the record. The agency can change its findings and must file the new findings with the court. A court will only pause (stay) an agency action if the requester is likely to win and would suffer irreparable harm. The EPA head may issue subpoenas, administer oaths, and compel witnesses and documents; courts can enforce those subpoenas and punish refusals.

Title 42, §4915

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

(a)Petition for review

A petition for review of action of the Administrator of the Environmental Protection Agency in promulgating any standard or regulation under section 4905, 4916, or 4917 of this title or any labeling regulation under section 4907 of this title may be filed only in the United States Court of Appeals for the District of Columbia Circuit, and a petition for review of action of the Administrator of the Federal Aviation Administration in promulgating any standard or regulation under section 44715 of title 49 may be filed only in such court. Any such petition shall be filed within ninety days from the date of such promulgation, or after such date if such petition is based solely on grounds arising after such ninetieth day. Action of either Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement.

(b)Additional evidence

If a party seeking review under this chapter applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the information is material and was not available at the time of the proceeding before the Administrator of such Agency or Administration (as the case may be), the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before such Administrator, and to be adduced upon the hearing, in such manner and upon such terms and conditions as the court may deem proper. Such 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 with the court such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.

(c)Stay of agency action

With respect to relief pending review of an action by either Administrator, no stay of an agency action may be granted unless the reviewing court determines that the party seeking such stay is (1) likely to prevail on the merits in the review proceeding and (2) will suffer irreparable harm pending such proceeding.

(d)Subpenas

For the purpose of obtaining information to carry out this chapter, the Administrator of the Environmental Protection Agency may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In cases of contumacy or refusal to obey a subpena served upon any person under this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator, to appear and produce papers, books, and documents before the Administrator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “section 44715 of title 49” substituted for “section 611 of the Federal Aviation Act of 1958” on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

§4915 Judicial Review

Summary

Title 42, §4915

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata