§ 2060. — Judicial review of consumer product safety rules.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2060]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2060. Judicial review of consumer product safety rules
(a) Petition by persons adversely affected, consumers, or consumer
organizations
Not later than 60 days after a consumer product safety rule is
promulgated by the Commission, any person adversely affected by such
rule, or any consumer or consumer organization, may file a petition with
the United States court of appeals for the District of Columbia, or for
the circuit in which such person, consumer, or organization resides or
has his principal place of business for judicial review of such rule.
Copies of the petition shall be forthwith transmitted by the clerk of
the court to the Commission or other officer designated by it for that
purpose and to the Attorney General. The record of the proceedings on
which the Commission based its rule shall be filed in the court as
provided for in section 2112 of title 28. For purposes of this section,
the term ``record'' means such consumer product safety rule; any notice
or proposal published pursuant to section 2056, 2057, or 2058 of this
title; the transcript required by section 2058(d)(2) of this title of
any oral presentation; any written submission of interested parties; and
any other information which the Commission considers relevant to such
rule.
(b) Additional data, views, or arguments
If the petitioner applies to the court for leave to adduce
additional data, views, or arguments and shows to the satisfaction of
the court that such additional data, views, or arguments are material
and that there were reasonable grounds for the petitioner's failure to
adduce such data, views, or arguments in the proceeding before the
Commission, the court may order the Commission to provide additional
opportunity for the oral presentation of data, views, or arguments and
for written submissions. The Commission may modify its findings, or make
new findings by reason of the additional data, views, or arguments so
taken and shall file such modified or new findings, and its
recommendation, if any, for the modification or setting aside of its
original rule, with the return of such additional data, views, or
arguments.
(c) Jurisdiction; costs and attorneys' fees; substantial evidence to
support administrative findings
Upon the filing of the petition under subsection (a) of this section
the court shall have jurisdiction to review the consumer product safety
rule in accordance with chapter 7 of title 5, and to grant appropriate
relief, including interim relief, as provided in such chapter. A court
may in the interest of justice include in such relief an award of the
costs of suit, including reasonable attorneys' fees (determined in
accordance with subsection (f) of this section \1\ and reasonable expert
witnesses' fees. Attorneys' fees may be awarded against the United
States (or any agency or official of the United States) without regard
to section 2412 of title 28 or any other provision of law. The consumer
product safety rule shall not be affirmed unless the Commission's
findings under sections 2058(f)(1) and 2058(f)(3) of this title are
supported by substantial evidence on the record taken as a whole.
---------------------------------------------------------------------------
\1\ So in original. Probably should be followed by a closing
parenthesis.
---------------------------------------------------------------------------
(d) Supreme Court review
The judgment of the court affirming or setting aside, in whole or in
part, any consumer product safety rule shall be final, subject to review
by the Supreme Court of the United States upon certiorari or
certification, as provided in section 1254 of title 28.
(e) Other remedies
The remedies provided for in this section shall be in addition to
and not in lieu of any other remedies provided by law.
(f) Computation of reasonable fee for attorney
For purposes of this section and sections 2072(a) and 2073 of this
title, a reasonable attorney's fee is a fee (1) which is based upon (A)
the actual time expended by an attorney in providing advice and other
legal services in connection with representing a person in an action
brought under this section, and (B) such reasonable expenses as may be
incurred by the attorney in the provision of such services, and (2)
which is computed at the rate prevailing for the provision of similar
services with respect to actions brought in the court which is awarding
such fee.
(Pub. L. 92-573, Sec. 11, Oct. 27, 1972, 86 Stat. 1218; Pub. L. 94-284,
Secs. 10(b), 11(a), May 11, 1976, 90 Stat. 507; Pub. L. 97-35, title
XII, Sec. 1211(h)(1)-(3)(A), Aug. 13, 1981, 95 Stat. 723; Pub. L. 97-
414, Sec. 9(j)(2), Jan. 4, 1983, 96 Stat. 2064.)
Amendments
1983--Subsec. (c). Pub. L. 97-414 substituted ``subsection (f) of
this section'' for ``section 2059(e)(4) of this title''.
1981--Subsec. (a). Pub. L. 97-35, Sec. 1211(h)(2), substituted
reference to section 2058(d)(2) of this title for reference to section
2058(a)(2) of this title.
Subsec. (c). Pub. L. 97-35, Sec. 1211(h)(1), substituted reference
to section 2058(f)(1) and (3) of this title for reference to section
2058(c) of this title.
Subsec. (f). Pub. L. 97-35, Sec. 1211(h)(3)(A), added subsec. (f).
1976--Subsec. (a). Pub. L. 94-284, Sec. 11(a), permitted the
Commission to file the record of its proceedings on which its rule was
based with the court in lieu of transmitting the record to the Attorney
General.
Subsec. (c). Pub. L. 94-284, Sec. 10(b), inserted provision
permitting the court to award costs, including reasonable attorneys'
fees, in the interest of justice.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section 1215
of Pub. L. 97-35, set out as a note under section 2052 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2058, 2072, 2073, 2082, 6004
of this title.
