
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
