42 U.S.C. § 8514: Judicial review

Summary

A State can sue in a federal district court to challenge three things: a target the President sets under the law; a President’s finding about whether the State met its emergency energy conservation target or followed the promises in its approved plan; or the Secretary’s decision to disapprove a State plan, including a finding that the plan places an unfair share of the burden on certain industries. The State must start the lawsuit within 30 calendar days after the government action is published. The district court decides the legal questions and must send them right away to the U.S. court of appeals for that region. The appeals court must hear the case with all its judges sitting together. The appeals court’s decision can be taken to the Supreme Court if a request for review is filed within 20 days. For cases about presidential targets, the court cannot issue an injunction before it enters a final judgment.

Title 42, §8514

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

(a)State actions

(1)Any State may institute an action in the appropriate district court of the United States, including actions for declaratory judgment, for judicial review of—

(A)any target established by the President under section 8511(a) of this title;

(B)any finding by the President under section 8513(b)(1)(A) of this title, relating to the achievement of the emergency energy conservation target of such State, or 8513(b)(2) of this title, relating to the achievement of the emergency energy conservation target of such State or the failure to carry out the assurances regarding implementation contained in an approved plan of such State; or

(C)any determination by the Secretary disapproving a State plan under section 8512(c) of this title, including any determination by the Secretary under section 8512(c)(1)(B) of this title that the plan is likely to impose an unreasonably disproportionate share of the burden of restrictions of energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof.

Such action shall be barred unless it is instituted within 30 calendar days after the date of publication of the establishment of a target referred to in subparagraph (A), the finding by the President referred to in subparagraph (B), or the determination by the Secretary referred to in subparagraph (C), as the case may be.

(2)The district court shall determine the questions of law and upon such determination certify such questions immediately to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc.

(3)Any decision by such court of appeals on a matter certified under paragraph (2) shall be reviewable by the Supreme Court upon attainment of a writ of certiorari. Any petition for such a writ shall be filed no later than 20 days after the decision of the court of appeals.

(b)Repealed. Pub. L. 98–620, title IV, § 402(42), Nov. 8, 1984, 98 Stat. 3360

(c)Injunctive relief

With respect to judicial review under subsection (a)(1)(A), the court shall not have jurisdiction to grant any injunctive relief except in conjunction with a final judgment entered in the case.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (b). Pub. L. 98–620 struck out subsec. (b) which required the court of appeals to advance on the docket and to expedite to the greatest possible extent the disposition of any matter certified under subsec. (a)(2).

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an

Effective Date

note under section 1657 of Title 28, Judiciary and Judicial Procedure.

§8514 Judicial Review

Summary

Title 42, §8514

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata