43 U.S.C. § 2011: Judicial review

Summary

Federal officers, including the President, must publish notice in the Federal Register and in local newspapers when they approve or reject a crude oil transportation system or give the permits, leases, rights-of-way, or other authorizations needed to build, operate, or maintain one, including the Long Beach-Midland project and systems approved under section 2007(a). For decisions made after November 9, 1978, anyone who wants to challenge the decision must start a court case within 60 days after the notice appears in the Federal Register or in local newspapers, whichever is later. Those challenges must be filed in the proper United States district court, and the court clerk must send a copy to the Secretary. Only federal courts can hear these cases; state and local courts cannot. The federal court can decide the case and give relief, but it cannot order a temporary stop to permits or rights-of-way except as part of a final judgment in a case filed under this rule.

Title 43, §2011

Public Lands, Source: USLM XML via OLRC

(a)Notice

The President or any other Federal officer shall cause notice to be published in the Federal Register and in newspapers of general circulation in the areas affected whenever he makes any decision described in subsection (b).

(b)Review of certain Federal actions

Any action seeking judicial review of an action or decision of the President or any other Federal officer taken or made after November 9, 1978, concerning the approval or disapproval of a crude oil transportation system or the issuance of necessary rights-of-way, permits, leases, and other authorizations for the construction, operation, and maintenance of the Long Beach-Midland project or a crude oil transportation system approved under section 2007(a) of this title may only be brought within 60 days after the date on which notification of the action or decision of such officer is published in the Federal Register, or in newspapers of general circulation in the areas affected, whichever is later.

(c)Jurisdiction of courts

An action under subsection (b) shall be barred unless a petition is filed within the time specified. Any such petition shall be filed in the appropriate United States district court. A copy of such petition shall be transmitted by the clerk of such court to the Secretary. Notwithstanding the amount in controversy, such court shall have jurisdiction to determine such proceeding in accordance with the procedures hereinafter provided and to provide appropriate relief. No State or local court shall have jurisdiction of any such claim whether in a proceeding instituted before, on, or after the date this chapter becomes effective. No court shall have jurisdiction to grant any injunctive relief against the issuance of any right-of-way, permit, lease, or other authorization in connection with a crude oil transportation system approved under section 2007(a) of this title or the Long Beach-Midland project, except as part of a final judgment entered in a case involving a claim filed pursuant to this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date this chapter becomes effective, referred to in subsec. (c), means the date of enactment of title V of Pub. L. 95–617, which was approved Nov. 9, 1978.

Amendments

1984—Subsec. (c). Pub. L. 98–620 struck out provision that any such proceeding had to be assigned for hearing at the earliest possible date and had to be expedited by the court.

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 a note under section 1657 of Title 28, Judiciary and Judicial Procedure. Definitions The definition of “State” in section 2602 of Title 16, Conservation, applies to this section.

§2011 Judicial Review