
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: 28USC3902]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
 CHAPTER 179--JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES
 
Sec. 3902. Judicial review of regulations

    In any proceeding under section 1296 or 1346(g) of this title in 
which the application of a regulation issued under chapter 5 of title 3 
is at issue, the court may review the validity of the regulation in 
accordance with the provisions of subparagraphs (A) through (D) of 
section 706(2) of title 5. If the court determines that the regulation 
is invalid, the court shall apply, to the extent necessary and 
appropriate, the most relevant substantive executive agency regulation 
promulgated to implement the statutory provisions with respect to which 
the invalid regulation was issued. Except as provided in this section, 
the validity of regulations issued under this chapter is not subject to 
judicial review.

(Added Pub. L. 104-331, Sec. 3(c), Oct. 26, 1996, 110 Stat. 4070.)
