§ 2348. — Representation in proceeding; intervention.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2348]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 158--ORDERS OF FEDERAL AGENCIES; REVIEW
Sec. 2348. Representation in proceeding; intervention
The Attorney General is responsible for and has control of the
interests of the Government in all court proceedings under this chapter.
The agency, and any party in interest in the proceeding before the
agency whose interests will be affected if an order of the agency is or
is not enjoined, set aside, or suspended, may appear as parties thereto
of their own motion and as of right, and be represented by counsel in
any proceeding to review the order. Communities, associations,
corporations, firms, and individuals, whose interests are affected by
the order of the agency, may intervene in any proceeding to review the
order. The Attorney General may not dispose of or discontinue the
proceeding to review over the objection of any party or intervenor, but
any intervenor may prosecute, defend, or continue the proceeding
unaffected by the action or inaction of the Attorney General.
(Added Pub. L. 89-554, Sec. 4(e), Sept. 6, 1966, 80 Stat. 623.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 1038. Dec. 29, 1950, ch.
1189, Sec. 8, 64
Stat. 1131.
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In the first sentence, the words ``is responsible for and has
control'' are substituted for ``shall be responsible for and have charge
and control''.
In the last sentence, the word ``may'' is substituted for ``shall''.
The word ``aforesaid'' following ``any party or intervenor'' is omitted
as unnecessary. The words ``any intervenor'' and ``inaction'' are
substituted for ``said intervenor or intervenors'' and ``nonaction'',
respectively.
Section Referred to in Other Sections
This section is referred to in title 2 section 1407; title 7
sections 2149, 3804, 3805.
