
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7192]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
       SUBCHAPTER V--ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW
 
Sec. 7192. Judicial review


(a) Agency action

    Judicial review of agency action taken under any law the functions 
of which are vested by law in, or transferred or delegated to the 
Secretary, the Commission or any officer, employee, or component of the 
Department shall, notwithstanding such vesting, transfer, or delegation, 
be made in the manner specified in or for such law.

(b) Review by district court of United States; removal

    Notwithstanding the amount in controversy, the district courts of 
the United States shall have exclusive original jurisdiction of all 
other cases or controversies arising exclusively under this chapter, or 
under rules, regulations, or orders issued exclusively thereunder, other 
than any actions taken to implement or enforce any rule, regulation, or 
order by any officer of a State or local government agency under this 
chapter, except that nothing in this section affects the power of any 
court of competent jurisdiction to consider, hear, and determine in any 
proceeding before it any issue raised by way of defense (other than a 
defense based on the unconstitutionality of this chapter or the validity 
of action taken by any agency under this chapter). If in any such 
proceeding an issue by way of defense is raised based on the 
unconstitutionality of this chapter or the validity of agency action 
under this chapter, the case shall be subject to removal by either party 
to a district court of the United States in accordance with the 
applicable provisions of chapter 89 of title 28. Cases or controversies 
arising under any rule, regulation, or order of any officer of a State 
or local government agency may be heard in either (A) any appropriate 
State court, or (B) without regard to the amount in controversy, the 
district courts of the United States.

(c) Litigation supervision by Attorney General

    Subject to the provisions of section 7171(i) of this title and 
notwithstanding any other law, the litigation of the Department shall be 
subject to the supervision of the Attorney General pursuant to chapter 
31 of title 28. The Attorney General may authorize any attorney of the 
Department to conduct any civil litigation of the Department in any 
Federal court except the Supreme Court.

(Pub. L. 95-91, title V, Sec. 502, Aug. 4, 1977, 91 Stat. 589.)

                  Section Referred to in Other Sections

    This section is referred to in sections 6303, 8412, 8433, 8434 of 
this title.
