
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10139]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
  SUBCHAPTER I--DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, 
           SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE
 
 Part A--Repositories for Disposal of High-Level Radioactive Waste and 
                           Spent Nuclear Fuel
 
Sec. 10139. Judicial review of agency actions


(a) Jurisdiction of United States courts of appeals

    (1) Except for review in the Supreme Court of the United States, the 
United States courts of appeals shall have original and exclusive 
jurisdiction over any civil action--
        (A) for review of any final decision or action of the Secretary, 
    the President, or the Commission under this part;
        (B) alleging the failure of the Secretary, the President, or the 
    Commission to make any decision, or take any action, required under 
    this part;
        (C) challenging the constitutionality of any decision made, or 
    action taken, under any provision of this part;
        (D) for review of any environmental impact statement prepared 
    pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 
    4321 et seq.) with respect to any action under this part, or as 
    required under section 10155(c)(1) of this title, or alleging a 
    failure to prepare such statement with respect to any such action;
        (E) for review of any environmental assessment prepared under 
    section 10132(b)(1) or 10155(c)(2) of this title; or
        (F) for review of any research and development activity under 
    subchapter II of this chapter.

    (2) The venue of any proceeding under this section shall be in the 
judicial circuit in which the petitioner involved resides or has its 
principal office, or in the United States Court of Appeals for the 
District of Columbia.

(c) \1\ Deadline for commencing action
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    \1\ So in original. No subsec. (b) has been enacted.
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    A civil action for judicial review described under subsection (a)(1) 
of this section may be brought not later than the 180th day after the 
date of the decision or action or failure to act involved, as the case 
may be, except that if a party shows that he did not know of the 
decision or action complained of (or of the failure to act), and that a 
reasonable person acting under the circumstances would not have known, 
such party may bring a civil action not later than the 180th day after 
the date such party acquired actual or constructive knowledge of such 
decision, action, or failure to act.

(Pub. L. 97-425, title I, Sec. 119, Jan. 7, 1983, 96 Stat. 2227.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsec. (a)(1)(D), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as 
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 4321 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 10132, 10145, 10155, 10201, 
10244 of this title.
