
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC2323]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
CHAPTER 157--SURFACE TRANSPORTATION BOARD ORDERS; ENFORCEMENT AND REVIEW
 
Sec. 2323. Duties of Attorney General; intervenors

    The Attorney General shall represent the Government in the actions 
specified in section 2321 of this title and in enforcement actions and 
actions to collect civil penalties under subtitle IV of title 49.
    The Surface Transportation Board and any party or parties in 
interest to the proceeding before the Board, in which an order or 
requirement is made, may appear as parties of their own motion and as of 
right, and be represented by their counsel, in any action involving the 
validity of such order or requirement or any part thereof, and the 
interest of such party.
    Communities, associations, corporations, firms, and individuals 
interested in the controversy or question before the Board, or in any 
action commenced under the aforesaid sections may intervene in said 
action at any time after commencement thereof.
    The Attorney General shall not dispose of or discontinue said action 
or proceeding over the objection of such party or intervenor, who may 
prosecute, defend, or continue said action or proceeding unaffected by 
the action or nonaction of the Attorney General therein.

(June 25, 1948, ch. 646, 62 Stat. 970; May 24, 1949, ch. 139, Sec. 116, 
63 Stat. 105; Pub. L. 93-584, Sec. 6, Jan. 2, 1975, 88 Stat. 1917; Pub. 
L. 95-473, Sec. 2(a)(3)(C), Oct. 17, 1978, 92 Stat. 1465; Pub. L. 104-
88, title III, Sec. 305(c)(1)(C), (D), Dec. 29, 1995, 109 Stat. 945.)


                      Historical and Revision Notes

                            1948 Act

    Based on title 28, U.S.C., 1940 ed., Sec. 45a (Mar. 3, 1911, ch. 
231, Secs. 212, 213, 36 Stat. 1150, 1151; Oct. 22, 1913, ch. 32, 38 
Stat. 220).
    The provision in the second sentence of section 45a of title 28, 
U.S.C., 1940 ed., authorizing the Attorney General to employ and 
compensate special attorneys was omitted as covered by sections 503 and 
508 [now 543 and 548] of this title. The provision in the same sentence 
authorizing the court to make rules for the conduct and procedure of 
actions under this section were omitted as covered by the Federal Rules 
of Civil Procedure and section 2071 of this title relating to authority 
of district courts to promulgate local rules of procedure.
    The last paragraph of section 45a of title 28, U.S.C., 1940 ed., was 
omitted as merely repetitive of the language immediately following the 
first proviso.
    Word ``action'' was substituted for ``suit'' in conformity with Rule 
2 of the Federal Rules of Civil Procedure.
    Changes were made in phraseology.

                            1949 Act

    This section corrects, in section 2323 of title 28, U.S.C., the 
reference to certain sections in title 49, U.S.C. The provisions which 
were formerly set out as section 49 of such title 49 are now set out as 
section 23 of such title.


                               Amendments

    1995--Pub. L. 104-88 substituted ``Surface Transportation Board'' 
for ``Interstate Commerce Commission'' and substituted ``the Board'' for 
``the Commission'' in two places.
    1978--Pub. L. 95-473 substituted ``enforcement actions and actions 
to collect civil penalties under subtitle IV of title 49'' for ``actions 
under section 20 of the Act of February 4, 1887, as amended (24 Stat. 
386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended 
(56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 
1903, as amended (32 Stat. 848; 49 U.S.C. 43)'' in first par.
    1975--Pub. L. 93-584 struck out reference to the district courts and 
the Supreme Court of the United States upon appeal from the district 
courts as the courts in which the Attorney General can represent the 
United States in first par.
    1949--Act May 24, 1949, substituted ``20, 23, and 43'' for ``20, 43, 
and 49'' in first par.


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of 
Pub. L. 104-88, set out as an Effective Date note under section 701 of 
Title 49, Transportation.


                    Effective Date of 1975 Amendment

    Amendment by Pub. L. 93-584 not applicable to actions commenced on 
or before last day of first month beginning after Jan. 2, 1975, and 
actions to enjoin or suspend orders of Interstate Commerce Commission 
which are pending when this amendment becomes effective shall not be 
affected thereby, but shall proceed to final disposition under the law 
existing on the date they were commenced, see section 10 of Pub. L. 93-
584, set out as a note under section 2321 of this title.
