§ 2618. — Judicial review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2618]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 2618. Judicial review
(a) In general
(1)(A) Not later than 60 days after the date of the promulgation of
a rule under section 2603(a), 2604(a)(2), 2604(b)(4), 2605(a), 2605(e),
or 2607 of this title, or under subchapter II or IV of this chapter, any
person may file a petition for judicial review of such rule with the
United States Court of Appeals for the District of Columbia Circuit or
for the circuit in which such person resides or in which such person's
principal place of business is located. Courts of appeals of the United
States shall have exclusive jurisdiction of any action to obtain
judicial review (other than in an enforcement proceeding) of such a rule
if any district court of the United States would have had jurisdiction
of such action but for this subparagraph.
(B) Courts of appeals of the United States shall have exclusive
jurisdiction of any action to obtain judicial review (other than in an
enforcement proceeding) of an order issued under subparagraph (A) or (B)
of section 2605(b)(1) of this title if any district court of the United
States would have had jurisdiction of such action but for this
subparagraph.
(2) Copies of any petition filed under paragraph (1)(A) shall be
transmitted forthwith to the Administrator and to the Attorney General
by the clerk of the court with which such petition was filed. The
provisions of section 2112 of title 28 shall apply to the filing of the
rulemaking record of proceedings on which the Administrator based the
rule being reviewed under this section and to the transfer of
proceedings between United States courts of appeals.
(3) For purposes of this section, the term ``rulemaking record''
means--
(A) the rule being reviewed under this section;
(B) in the case of a rule under section 2603(a) of this title,
the finding required by such section, in the case of a rule under
section 2604(b)(4) of this title, the finding required by such
section, in the case of a rule under section 2605(a) of this title
the finding required by section 2604(f) or 2605(a) of this title, as
the case may be, in the case of a rule under section 2605(a) of this
title, the statement required by section 2605(c)(1) of this title,
and in the case of a rule under section 2605(e) of this title, the
findings required by paragraph (2)(B) or (3)(B) of such section, as
the case may be \1\ and in the case of a rule under subchapter IV of
this chapter, the finding required for the issuance of such a rule;
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\1\ So in original. Probably should be followed by a comma.
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(C) any transcript required to be made of oral presentations
made in proceedings for the promulgation of such rule;
(D) any written submission of interested parties respecting the
promulgation of such rule; and
(E) any other information which the Administrator considers to
be relevant to such rule and which the Administrator identified, on
or before the date of the promulgation of such rule, in a notice
published in the Federal Register.
(b) Additional submissions and presentations; modifications
If in an action under this section to review a rule the petitioner
or the Administrator applies to the court for leave to make additional
oral submissions or written presentations respecting such rule and shows
to the satisfaction of the court that such submissions and presentations
would be material and that there were reasonable grounds for the
submissions and failure to make such submissions and presentations in
the proceeding before the Administrator, the court may order the
Administrator to provide additional opportunity to make such submissions
and presentations. The Administrator may modify or set aside the rule
being reviewed or make a new rule by reason of the additional
submissions and presentations and shall file such modified or new rule
with the return of such submissions and presentations. The court shall
thereafter review such new or modified rule.
(c) Standard of review
(1)(A) Upon the filing of a petition under subsection (a)(1) of this
section for judicial review of a rule, the court shall have jurisdiction
(i) to grant appropriate relief, including interim relief, as provided
in chapter 7 of title 5, and (ii) except as otherwise provided in
subparagraph (B), to review such rule in accordance with chapter 7 of
title 5.
(B) Section 706 of title 5 shall apply to review of a rule under
this section, except that--
(i) in the case of review of a rule under section 2603(a),
2604(b)(4), 2605(a), or 2605(e) of this title, the standard for
review prescribed by paragraph (2)(E) of such section 706 shall not
apply and the court shall hold unlawful and set aside such rule if
the court finds that the rule is not supported by substantial
evidence in the rulemaking record (as defined in subsection (a)(3)
of this section) taken as a whole;
(ii) in the case of review of a rule under section 2605(a) of
this title, the court shall hold unlawful and set aside such rule if
it finds that--
(I) a determination by the Administrator under section
2605(c)(3) of this title that the petitioner seeking review of
such rule is not entitled to conduct (or have conducted) cross-
examination or to present rebuttal submissions, or
(II) a rule of, or ruling by, the Administrator under
section 2605(c)(3) of this title limiting such petitioner's
cross-examination or oral presentations,
has precluded disclosure of disputed material facts which was
necessary to a fair determination by the Administrator of the
rulemaking proceeding taken as a whole; and section 706(2)(D) shall
not apply with respect to a determination, rule, or ruling referred
to in subclause (I) or (II); and
(iii) the court may not review the contents and adequacy of--
(I) any statement required to be made pursuant to section
2605(c)(1) of this title, or
(II) any statement of basis and purpose required by section
553(c) of title 5 to be incorporated in the rule
except as part of a review of the rulemaking record taken as a
whole.
The term ``evidence'' as used in clause (i) means any matter in the
rulemaking record.
(C) A determination, rule, or ruling of the Administrator described
in subparagraph (B)(ii) may be reviewed only in an action under this
section and only in accordance with such subparagraph.
(2) The judgment of the court affirming or setting aside, in whole
or in part, any rule reviewed in accordance with this section 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.
(d) Fees and costs
The decision of the court in an action commenced under subsection
(a) of this section, or of the Supreme Court of the United States on
review of such a decision, may include an award of costs of suit and
reasonable fees for attorneys and expert witnesses if the court
determines that such an award is appropriate.
(e) Other remedies
The remedies as provided in this section shall be in addition to and
not in lieu of any other remedies provided by law.
(Pub. L. 94-469, title I, Sec. 19, Oct. 11, 1976, 90 Stat. 2039;
renumbered title I and amended Pub. L. 99-519, Sec. 3(b)(2), (c)(1),
Oct. 22, 1986, 100 Stat. 2989; Pub. L. 102-550, title X,
Sec. 1021(b)(8), Oct. 28, 1992, 106 Stat. 3923.)
Amendments
1992--Subsec. (a)(1)(A). Pub. L. 102-550, Sec. 1021(b)(8)(A),
substituted ``subchapter II or IV of this chapter'' for ``subchapter II
of this chapter''.
Subsec. (a)(3)(B). Pub. L. 102-550, Sec. 1021(b)(8)(B), inserted
before semicolon at end ``and in the case of a rule under subchapter IV
of this chapter, the finding required for the issuance of such a rule''.
1986--Subsec. (a)(1)(A). Pub. L. 99-519 inserted reference to
subchapter II of this chapter.
Section Referred to in Other Sections
This section is referred to in section 2605 of this title.
