§ 719h. — 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: 15USC719h]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15C--ALASKA NATURAL GAS TRANSPORTATION
Sec. 719h. Judicial review
(a) Exclusiveness of remedy
Notwithstanding any other provision of law, the actions of Federal
officers or agencies taken pursuant to section 719g of this title, shall
not be subject to judicial review except as provided in this section.
(b) Limitations for filing claims
(1) Claims alleging the invalidity of this chapter may be brought
not later than the 60th day following the date a decision takes effect
pursuant to section 719f of this title.
(2) Claims alleging that an action will deny rights under the
Constitution of the United States, or that an action is in excess of
statutory jurisdiction, authority, or limitations, or short of statutory
right may be brought not later than the 60th day following the date of
such action, except that if a party shows that he did not know of the
action complained of, and a reasonable person acting in the
circumstances would not have known, he may bring a claim alleging the
invalidity of such action on the grounds stated above not later than the
60th day following the date of his acquiring actual or constructive
knowledge of such action.
(c) Exclusive jurisdiction of the Special Court; barred claims;
conclusiveness of environmental impact statements
(1) A claim under subsection (b) of this section shall be barred
unless a complaint is filed prior to the expiration of such time limits
in the United States Court of Appeals for the District of Columbia
acting as a Special Court. Such court shall have exclusive jurisdiction
to determine such proceeding in accordance with the procedures
hereinafter provided, and no other court of the United States, or any
State, territory, or possession of the United States, or of the District
of Columbia, shall have jurisdiction of any such claim in any proceeding
instituted prior to or on or after October 22, 1976.
(2) Repealed. Pub. L. 98-620, title IV, Sec. 402(16), Nov. 8, 1984,
98 Stat. 3358.
(3) The enactment of a joint resolution under section 719f of this
title approving the decision of the President shall be conclusive as to
the legal and factual sufficiency of the environmental impact statements
submitted by the President relative to the approved transportation
system and no court shall have jurisdiction to consider questions
respecting the sufficiency of such statements under the National
Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].
(Pub. L. 94-586, Sec. 10, Oct. 22, 1976, 90 Stat. 2913; Pub. L. 98-620,
title IV, Sec. 402(16), Nov. 8, 1984, 98 Stat. 3358.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (c)(3), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 4321
of Title 42 and Tables.
Amendments
1984--Subsec. (c)(2). Pub. L. 98-620 struck out par. (2) which
required that any such proceeding had to be assigned for hearing and
completed at the earliest possible date, would, to the greatest extent
practicable, take precedence over all other matters pending on the
docket of the court at that time, and had to be expedited in every way
by such court and such court had to render its decision relative to any
claim within 90 days from the date such claim was brought unless such
court determined that a longer period of time was required to satisfy
requirements of the United States Constitution.
Effective Date of 1984 Amendment
Amendment 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.
Transfer of Functions
Enforcement functions authorized by, and supplemental enforcement
authority created by this chapter with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas transferred to Federal Inspector,
Office of Federal Inspector for Alaska Natural Gas Transportation
System, until first anniversary of date of initial operation of Alaska
Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,
Secs. 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376,
effective July 1, 1979, set out under section 719e of this title. Office
of Federal Inspector for the Alaska Natural Gas Transportation System
abolished and functions and authority vested in Inspector transferred to
Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an
Abolition of Office of Federal Inspector note under section 719e of this
title.
