
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: 45USC1105]

 
                           TITLE 45--RAILROADS
 
                   CHAPTER 20--NORTHEAST RAIL SERVICE
 
Sec. 1105. Judicial review


(a) Special court; exclusive jurisdiction for civil actions

    Notwithstanding any other provision of law, the special court shall 
have original and exclusive jurisdiction over any civil action--
        (1) for injunctive, declaratory, or other relief relating to the 
    enforcement, operation, execution, or interpretation of any 
    provision of or amendment made by this subtitle or part 2 of the 
    Conrail Privatization Act [45 U.S.C. 1311 et seq.], or 
    administrative action taken thereunder to the extent such action is 
    subject to judicial review;
        (2) challenging the constitutionality of any provision of or 
    amendment made by this subtitle or part 2 of the Conrail 
    Privatization Act [45 U.S.C. 1311 et seq.];
        (3) to obtain, inspect, copy, or review any document in the 
    possession or control of the Secretary, Conrail, the United States 
    Railway Association, or Amtrak that would be discoverable in 
    litigation under any provision of or amendment made by this subtitle 
    or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 et seq.]; 
    or
        (4) seeking judgment upon any claim against the United States 
    founded upon the Constitution and resulting from the operation of 
    any provision of or amendment made by this subtitle or part 2 of the 
    Conrail Privatization Act [45 U.S.C. 1311 et seq.].

(b) Appeal

    An order or judgment of the United States District Court for the 
District of Columbia in any action referred to in this section shall be 
reviewable in accordance with sections 1291, 1292, and 1294 of title 28.

(c) Scope of review of administrative actions

    Administrative action under the provisions of or amendments made by 
this subtitle or part 2 of the Conrail Privatization Act [45 U.S.C. 1311 
et seq.] which is subject to review shall be upheld unless such action 
is found to be unlawful under standards established for review of 
informal agency action under paragraphs (2)(A), (B), (C), and (D) of 
section 706 of title 5. The requirements of this subtitle or part 2 of 
the Conrail Privatization Act [45 U.S.C. 1311 et seq.], as the case may 
be, shall constitute the exclusive procedures required by law for such 
administrative action.

(Pub. L. 97-35, title XI, Sec. 1152, Aug. 13, 1981, 95 Stat. 676; Pub. 
L. 99-509, title IV, Sec. 4033(c)(1)(A), Oct. 21, 1986, 100 Stat. 1908; 
Pub. L. 100-352, Sec. 6(f), June 27, 1988, 102 Stat. 664; Pub. L. 104-
317, title VI, Sec. 605(b)(3), (c)(4), Oct. 19, 1996, 110 Stat. 3859.)

                       References in Text

    This subtitle, referred to in subsecs. (a) and (c), is subtitle E 
(Secs. 1131-1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 
643, as amended, known as the Northeast Rail Service Act of 1981. For 
complete classification of this subtitle to the Code, see Short Title 
note set out under section 1101 of this title and Tables.
    The Conrail Privatization Act, referred to in subsecs. (a) and (c), 
is subtitle A (Secs. 4001-4052) of title IV of Pub. L. 99-509, Oct. 21, 
1986, 100 Stat. 1892. Part 2 of that Act is classified principally to 
subchapter II (Sec. 1311 et seq.) of chapter 22 of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 1301 of this title and Tables.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-317, Sec. 605(b)(3), added heading 
and text of subsec. (b) and struck out former subsec. (b) which read as 
follows: ``A judgment of the special court in any action referred to in 
this section shall be reviewable only upon petition for a writ of 
certiorari to the Supreme Court of the United States. Such review is 
exclusive and any such petition shall be filed in the Supreme Court not 
more than 20 days after entry of such order or judgment.''
    Subsec. (d). Pub. L. 104-317, Sec. 605(c)(4), struck out subsec. (d) 
which read as follows: ``If the volume of civil actions under subsection 
(a) of this section so requires, the United States Railway Association 
shall apply to the judicial panel on multi-district litigation 
authorized by section 1407 of title 28 for the assignment of additional 
judges to the special court. Within 30 days after the date of such 
application, the panel shall assign to the special court such additional 
judges as may be necessary to exercise the jurisdiction described in 
subsection (a) of this section.''
    1988--Subsec. (b). Pub. L. 100-352 struck out ``, except that any 
order or judgment enjoining the enforcement, or declaring or determining 
the unconstitutionality or invalidity, of any provision of this subtitle 
shall be reviewable by direct appeal to the Supreme Court of the United 
States'' at end of first sentence and substituted ``such petition shall 
be filed in the Supreme Court'' for ``petition or appeal shall be 
filed'' in second sentence.
    1986--Subsecs. (a), (b). Pub. L. 99-509, Sec. 4033(c)(1)(A)(i), 
inserted ``or part 2 of the Conrail Privatization Act'' after 
``subtitle'' wherever appearing.
    Subsec. (c). Pub. L. 99-509, Sec. 4033(c)(1)(A), inserted ``or part 
2 of the Conrail Privatization Act'' after ``subtitle'' in first 
sentence and ``or part 2 of the Conrail Privatization Act, as the case 
may be,'' after ``subtitle'' in second sentence.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-317 effective 90 days after Oct. 19, 1996, 
and except as otherwise provided, applicable to proceedings that arise 
or continue after such effective date, see section 605(e) of Pub. L. 
104-317, set out as a note under section 719 of this title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-352 effective ninety days after June 27, 
1988, except that such amendment not to apply to cases pending in 
Supreme Court on such effective date or affect right to review or manner 
of reviewing judgment or decree of court which was entered before such 
effective date, see section 7 of Pub. L. 100-352, set out as a note 
under section 1254 of Title 28, Judiciary and Judicial Procedure.


                     Cases Pending in Special Court

    For applicability of amendment by Pub. L. 104-317 to cases pending 
in special court established under section 719(b) of this title, see 
section 605(d) of Pub. L. 104-317, set out as a note under section 719 
of this title.

Abolition of United States Railway Association and Transfer of Functions 
                             and Securities

    See section 1341 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 719, 797m, 1115 of this 
title.
