§ 2633. — Judicial review and enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2633]
TITLE 16--CONSERVATION
CHAPTER 46--PUBLIC UTILITY REGULATORY POLICIES
SUBCHAPTER III--INTERVENTION AND JUDICIAL REVIEW
Sec. 2633. Judicial review and enforcement
(a) Limitation of Federal jurisdiction
Notwithstanding any other provision of law, no court of the United
States shall have jurisdiction over any action arising under any
provision of subchapter I or II of this chapter or of this subchapter
except for--
(1) an action over which a court of the United States has
jurisdiction under subsection (b) or (c)(2) of this section; and
(2) review of any action in the Supreme Court of the United
States in accordance with sections 1257 and 1258 of title 28.
(b) Enforcement of intervention right
(1) The Secretary may bring an action in any appropriate court of
the United States to enforce his right to intervene and participate
under section 2631(a) of this title, and such court shall have
jurisdiction to grant appropriate relief.
(2) If any electric utility or electric consumer having a right to
intervene under section 2631(a) of this title is denied such right by
any State court, such electric utility or electric consumer may bring an
action in the appropriate United States district court to require the
State regulatory authority or nonregulated electric utility to permit
such intervention and participation, and such court shall have
jurisdiction to grant appropriate relief.
(3) Nothing in this subsection prohibits any person bringing any
action under this subsection in a court of the United States from
seeking review and enforcement at any time in any State court of any
rights he may have with respect to any motion to intervene or
participate in any proceeding.
(c) Review and enforcement
(1) Any person (including the Secretary) may obtain review of any
determination made under subchapter I or II of this chapter or under
this subchapter with respect to any electric utility (other than a
utility which is a Federal agency) in the appropriate State court if
such person (or the Secretary) intervened or otherwise participated in
the original proceeding or if State law otherwise permits such review.
Any person (including the Secretary) may bring an action to enforce the
requirements of this chapter in the appropriate State court, except that
no such action may be brought in a State court with respect to a utility
which is a Federal agency. Such review or action in a State court shall
be pursuant to any applicable State procedures.
(2) Any person (including the Secretary) may obtain review in the
appropriate court of the United States of any determination made under
subchapter I or II of this chapter or this subchapter by a Federal
agency if such person (or the Secretary) intervened or otherwise
participated in the original proceeding or if otherwise applicable law
permits such review. Such court shall have jurisdiction to grant
appropriate relief. Any person (including the Secretary) may bring an
action to enforce the requirements of subchapter I or II of this chapter
or this subchapter with respect to any Federal agency in the appropriate
court of the United States and such court shall have jurisdiction to
grant appropriate relief.
(3) In addition to his authority to obtain review under paragraph
(1) or (2), the Secretary may also participate as an amicus curiae in
any review by any court of an action arising under the provisions of
subchapter I or II of this chapter or this subchapter.
(d) Other authority of Secretary
Nothing in this section prohibits the Secretary from--
(1) intervening and participating in any proceeding, or
(2) intervening and participating in any review by any court of
any action
under section 6804 of title 42.
(Pub. L. 95-617, title I, Sec. 123, Nov. 9, 1978, 92 Stat. 3130.)
Section Referred to in Other Sections
This section is referred to in sections 824a-3, 2621, 2623 of this
title.
