
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: 42USC8514]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 93--EMERGENCY ENERGY CONSERVATION
 
           SUBCHAPTER I--EMERGENCY ENERGY CONSERVATION PROGRAM
 
Sec. 8514. Judicial review


(a) State actions

    (1) Any State may institute an action in the appropriate district 
court of the United States, including actions for declaratory judgment, 
for judicial review of--
        (A) any target established by the President under section 
    8511(a) of this title;
        (B) any finding by the President under section 8513(b)(1)(A) of 
    this title, relating to the achievement of the emergency energy 
    conservation target of such State, or 8513(b)(2) of this title, 
    relating to the achievement of the emergency energy conservation 
    target of such State or the failure to carry out the assurances 
    regarding implementation contained in an approved plan of such 
    State; or
        (C) any determination by the Secretary disapproving a State plan 
    under section 8512(c) of this title, including any determination by 
    the Secretary under section 8512(c)(1)(B) of this title that the 
    plan is likely to impose an unreasonably disproportionate share of 
    the burden of restrictions of energy use on any specific class of 
    industry, business, or commercial enterprise, or any individual 
    segment thereof.

Such action shall be barred unless it is instituted within 30 calendar 
days after the date of publication of the establishment of a target 
referred to in subparagraph (A), the finding by the President referred 
to in subparagraph (B), or the determination by the Secretary referred 
to in subparagraph (C), as the case may be.
    (2) The district court shall determine the questions of law and upon 
such determination certify such questions immediately to the United 
States court of appeals for the circuit involved, which shall hear the 
matter sitting en banc.
    (3) Any decision by such court of appeals on a matter certified 
under paragraph (2) shall be reviewable by the Supreme Court upon 
attainment of a writ of certiorari. Any petition for such a writ shall 
be filed no later than 20 days after the decision of the court of 
appeals.

(b) Repealed. Pub. L. 98-620, title IV, Sec. 402(42), Nov. 8, 1984, 98 
        Stat. 3360

(c) Injunctive relief

    With respect to judicial review under subsection (a)(1)(A) of this 
section, the court shall not have jurisdiction to grant any injunctive 
relief except in conjunction with a final judgment entered in the case.

(Pub. L. 96-102, title II, Sec. 214, Nov. 5, 1979, 93 Stat. 764; Pub. L. 
98-620, title IV, Sec. 402(42), Nov. 8, 1984, 98 Stat. 3360.)


                               Amendments

    1984--Subsec. (b). Pub. L. 98-620 struck out subsec. (b) which 
required the court of appeals to advance on the docket and to expedite 
to the greatest possible extent the disposition of any matter certified 
under subsec. (a)(2).


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date 
note under section 1657 of Title 28, Judiciary and Judicial Procedure.
