
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: 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
------------------------------------------------------------------------
                                                   Revised Statutes and
      Derivation               U.S. Code             Statutes at Large
------------------------------------------------------------------------
                       5 U.S.C. 1038.             Dec. 29, 1950, ch.
                                                   1189, Sec.  8, 64
                                                   Stat. 1131.
------------------------------------------------------------------------

    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.
