§611 Judicial Review

Summary

Small entities harmed by a final agency rule can go to court to check whether the agency followed certain parts of this chapter: sections 601, 604, 605(b), 608(b), and 610. Claims about sections 607 and 609(a) can be reviewed too, but only together with a claim about section 604. Courts that can review a rule under section 553 or any other law also can hear these claims, and the review follows the procedures in chapter 7. A small entity usually has one year from the date of final agency action to file suit, unless another law sets a shorter time. If the agency delayed giving a final regulatory flexibility analysis under 608(b), the one‑year limit runs from the day that analysis is made public, or a shorter period if another law requires it. If a court grants relief, it must order the agency to fix the problem under this chapter and chapter 7. That can include sending the rule back to the agency or delaying enforcement against small entities unless the court finds enforcement is in the public interest. The regulatory flexibility analysis (including any corrected version) must be part of the record the court reviews. This section is the only route for review of compliance with this chapter, but it does not stop courts from reviewing other impact statements if other laws allow.