
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: 42USC8412]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 92--POWERPLANT AND INDUSTRIAL FUEL USE
 
             SUBCHAPTER VII--ADMINISTRATION AND ENFORCEMENT
 
                           Part A--Procedures
 
Sec. 8412. Judicial review


(a) Publication and delay of prohibition or exemption to allow for 
        review

    Any final rule or order prescribed by the Secretary imposing a 
prohibition or granting an exemption (or permit) under this chapter 
shall be published in the Federal Register, and shall not take effect 
earlier than the 60th calendar day after such rule or order is 
published.

(b) Publication of denial of exemption or permit

    Any final order issued by the Secretary denying any petition for an 
exemption or a permit under this chapter shall be published in the 
Federal Register, together with the reasons for such action.

(c) Judicial review

    (1) Any person aggrieved by any final rule or order referred to in 
subsection (a) of this section or in section 8374 of this title, or by 
the denial of a petition for an order granting an exemption (or permit) 
referred to in subsection (b) of this section, may at any time before 
the 60th day after the date such rule, order, or denial is published 
under subsection (a) or (b) of this section, file a petition with the 
United States court of appeals for the circuit wherein such person 
resides, or has his principal place of business, for judicial review 
thereof. A copy of the petition shall be forthwith transmitted by the 
clerk of the court to the Secretary. The Secretary thereupon shall file 
in the court the written submissions to, and transcript of, the written 
or oral proceedings on which the rule or order was based as provided in 
section 2112 of title 28.
    (2) Upon the filing of the petition referred to in paragraph (1), 
the court shall have jurisdiction to review the rule, order, or denial 
in accordance with chapter 7 of title 5, and to grant appropriate relief 
as provided in such chapter. No rule or order (or denial thereof) may be 
affirmed unless supported by substantial evidence.
    (3) The judgment of the court affirming or setting aside, in whole 
or in part, any such rule, order, or denial shall be final, subject to 
review by the Supreme Court of the United States upon certiorari or 
certification as provided in section 1254 of title 28.
    (4) Subject to the direction and control of the Attorney General, as 
provided in section 519 of title 28, attorneys appointed by the 
Secretary may appear for and represent the Secretary in any proceeding 
instituted under this section in accordance with section 7192(c) of this 
title.

(Pub. L. 95-620, title VII, Sec. 702, Nov. 9, 1978, 92 Stat. 3331.)

                  Section Referred to in Other Sections

    This section is referred to in sections 8343, 8411 of this title.
