PRIA, Government Policy, Made Personal

Summary

Court review of actions by the Secretary, the Commission, or other parts of the Department must follow the procedures set out in the law that gives them their power. Federal district courts have the exclusive power to hear cases that arise only under this chapter, no matter how much money is at issue, but not actions taken by state or local officers to carry out or enforce a rule under this chapter. Any court can decide defenses in a case, except defenses that say the chapter is unconstitutional or that agency action under the chapter is invalid; if one of those defenses is raised, either party may move the case to a federal district court under chapter 89 of title 28. Disputes about rules or orders by state or local officers may be heard in state court or in federal district court, regardless of the amount. The Attorney General supervises the Department’s legal work under chapter 31 of title 28 and subject to section 7171(i). The Attorney General may allow Department lawyers to handle civil cases in any federal court except the Supreme Court.

Title 42, §7192

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

(a)Agency action

Judicial review of agency action taken under any law the functions of which are vested by law in, or transferred or delegated to the Secretary, the Commission or any officer, employee, or component of the Department shall, notwithstanding such vesting, transfer, or delegation, be made in the manner specified in or for such law.

(b)Review by district court of United States; removal

Notwithstanding the amount in controversy, the district courts of the United States shall have exclusive original jurisdiction of all other cases or controversies arising exclusively under this chapter, or under rules, regulations, or orders issued exclusively thereunder, other than any actions taken to implement or enforce any rule, regulation, or order by any officer of a State or local government agency under this chapter, except that nothing in this section affects the power of any court of competent jurisdiction to consider, hear, and determine in any proceeding before it any issue raised by way of defense (other than a defense based on the unconstitutionality of this chapter or the validity of action taken by any agency under this chapter). If in any such proceeding an issue by way of defense is raised based on the unconstitutionality of this chapter or the validity of agency action under this chapter, the case shall be subject to removal by either party to a district court of the United States in accordance with the applicable provisions of chapter 89 of title 28. Cases or controversies arising under any rule, regulation, or order of any officer of a State or local government agency may be heard in either (A) any appropriate State court, or (B) without regard to the amount in controversy, the district courts of the United States.

(c)Litigation supervision by Attorney General

Subject to the provisions of section 7171(i) of this title and notwithstanding any other law, the litigation of the Department shall be subject to the supervision of the Attorney General pursuant to chapter 31 of title 28. The Attorney General may authorize any attorney of the Department to conduct any civil litigation of the Department in any Federal court except the Supreme Court.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 7101 of this title and Tables.

§7192 Judicial Review