§6976 Judicial Review

Summary

Allows people to ask a court to review final rules the Administrator creates and the Administrator’s refusal to make, change, or cancel a rule. Those reviews must follow sections 701–706 of title 5. If you want to challenge a rule or a denial, you must file the case only in the U.S. Court of Appeals for the District of Columbia. You must file within 90 days of the rule or denial, unless your challenge is based only on facts that came up after that 90th day. If the decision was made after a hearing on the record, a party can ask the court to allow new evidence. If the court agrees the evidence is important and there was a good reason it wasn’t shown earlier, the court can order that evidence taken before the Administrator. The Administrator can change or add findings because of that new evidence and must file the new findings and any recommendation with the court, along with the extra evidence. Allows any interested person to seek review of the Administrator’s permit actions under section 6925 (issuing, denying, changing, or canceling permits) and of authorizations under section 6926 (granting, denying, or withdrawing authorization). That review goes to the U.S. Court of Appeals for the federal circuit where the person lives or does business. The person must apply within 90 days of the action, or later only if the grounds for review arose after the 90th day. These actions, if reviewable here, cannot later be reviewed in enforcement trials, and the review follows sections 701–706 of title 5.