
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: 42USC4915]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 65--NOISE CONTROL
 
Sec. 4915. Judicial review


(a) Petition for review

    A petition for review of action of the Administrator of the 
Environmental Protection Agency in promulgating any standard or 
regulation under sections 4905, 4916, or 4917 of this title or any 
labeling regulation under section 4907 of this title may be filed only 
in the United States Court of Appeals for the District of Columbia 
Circuit, and a petition for review of action of the Administrator of the 
Federal Aviation Administration in promulgating any standard or 
regulation under section 44715 of title 49 may be filed only in such 
court. Any such petition shall be filed within ninety days from the date 
of such promulgation, or after such date if such petition is based 
solely on grounds arising after such ninetieth day. Action of either 
Administrator with respect to which review could have been obtained 
under this subsection shall not be subject to judicial review in civil 
or criminal proceedings for enforcement.

(b) Additional evidence

    If a party seeking review under this chapter applies to the court 
for leave to adduce additional evidence, and shows to the satisfaction 
of the court that the information is material and was not available at 
the time of the proceeding before the Administrator of such Agency or 
Administration (as the case may be), the court may order such additional 
evidence (and evidence in rebuttal thereof) to be taken before such 
Administrator, and to be adduced upon the hearing, in such manner and 
upon such terms and conditions as the court may deem proper. Such 
Administrator may modify his findings as to the facts, or make new 
findings, by reason of the additional evidence so taken, and he shall 
file with the court such modified or new findings, and his 
recommendation, if any, for the modification or setting aside of his 
original order, with the return of such additional evidence.

(c) Stay of agency action

    With respect to relief pending review of an action by either 
Administrator, no stay of an agency action may be granted unless the 
reviewing court determines that the party seeking such stay is (1) 
likely to prevail on the merits in the review proceeding and (2) will 
suffer irreparable harm pending such proceeding.

(d) Subpenas

    For the purpose of obtaining information to carry out this chapter, 
the Administrator of the Environmental Protection Agency may issue 
subpenas for the attendance and testimony of witnesses and the 
production of relevant papers, books, and documents, and he may 
administer oaths. Witnesses summoned shall be paid the same fees and 
mileage that are paid witnesses in the courts of the United States. In 
cases of contumacy or refusal to obey a subpena served upon any person 
under this subsection, the district court of the United States for any 
district in which such person is found or resides or transacts business, 
upon application by the United States and after notice to such person, 
shall have jurisdiction to issue an order requiring such person to 
appear and give testimony before the Administrator, to appear and 
produce papers, books, and documents before the Administrator, or both, 
and any failure to obey such order of the court may be punished by such 
court as a contempt thereof.

(Pub. L. 92-574, Sec. 16, Oct. 27, 1972, 86 Stat. 1247.)

                          Codification

    In subsec. (a), ``section 44715 of title 49'' substituted for 
``section 611 of the Federal Aviation Act of 1958'' on authority of Pub. 
L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section 
of which enacted subtitles II, III, and V to X of Title 49, 
Transportation.

                  Section Referred to in Other Sections

    This section is referred to in sections 4916, 4917 of this title.
