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28 U.S.C. § 2342 — Jurisdiction of court of appeals

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2342 — Jurisdiction of court of appeals

The court of appeals (other than the United States Court of Appeals for the Federal Circuit) has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of— (1) all final orders of the Federal Communication Commission made reviewable by [section 402(a) of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section402/a&num=0&edition=prelim); (2) all final orders of the Secretary of Agriculture made under chapters 9 and 20A of title 7, except orders issued under sections 210(e), 217a, and 499g(a) of title 7; (3) all rules, regulations, or final orders of— (A) the Secretary of Transportation issued pursuant to section 50501, 50502, 56101–56104, or 57109 of title 46 or pursuant to part B or C of subtitle IV, subchapter III of chapter 311, chapter 313, or chapter 315 of title 49; and (B) the Federal Maritime Commission issued pursuant to section 305,11 See References in Text note below. 41304, 41308, or 41309 or chapter 421 or 441 of title 46; (4) all final orders of the Atomic Energy Commission made reviewable by [section 2239 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2239&num=0&edition=prelim); (5) all rules, regulations, or final orders of the Surface Transportation Board made reviewable by [section 2321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2321&num=0&edition=prelim); (6) all final orders under section 812 of the Fair Housing Act; and (7) all final agency actions described in [section 20114(c) of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20114/c&num=0&edition=prelim). Jurisdiction is invoked by filing a petition as provided by [section 2344

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Source file: Laws/federal/codes/united-states-code/title-28/section-2342-jurisdiction-of-court-of-appeals--d572b3d1bb.md
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Source location: Title 28, Chapter 158, § 2342; chapter-158-orders-of-federal-agencies-review.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1301 — Establishment of Board

**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government. **(b) Membership.—** (1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. (2) At all times— (A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and (B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector. (3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term. (5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2344 — Review of orders; time; notice; contents of petition; service

On the entry of a final order reviewable under this chapter, the agency shall promptly give notice thereof by service or publication in accordance with its rules. Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of— (1) the nature of the proceedings as to which review is sought; (2) the facts on which venue is based; (3) the grounds on which relief is sought; and (4) the relief prayed. The petitioner shall attach to the petition, as exhibits, copies of the order, report, or decision of the agency. The clerk shall serve a true copy of the petition on the agency and on the Attorney General by registered mail, with request for a return receipt.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2239 — Hearings and judicial review

**(a)** (1) (A) In any proceeding under this chapter, for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees, and in any proceeding for the payment of compensation, an award or royalties under sections 11 So in original. Probably should be “section”. 2183, 2187, 2236(c) or 2238 of this title, the Commission shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. The Commission shall hold a hearing after thirty days’ notice and publication once in the Federal Register, on each application under section 2133 or 2134(b) of this title for a construction permit for a facility, and on any application under [section 2134(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2134/c&num=0&edition=prelim) for a construction permit for a testing facility. In cases where such a construction permit has been issued following the holding of such a hearing, the Commission may, in the absence of a request therefor by any person whose interest may be affected, issue an operating license or an amendment to a construction permit or an amendment to an operating license without a hearing, but upon thirty days’ notice and publication once in the Federal Register of its intent to do so. The Commission may dispense with such thirty days’ notice and publication with respect to any application for an amendment to a construction permit or an amendment to an operating license upon a determination by the Commission that the amendment involves no significant h

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 46105 — Regulations

**(a) In General.—** The Federal Maritime Commission may prescribe regulations to carry out its duties and powers. **(b) Transparency.—** (1) **In general.—** — In conjunction with the transmittal by the President to the Congress of the Budget of the United States for fiscal year 2021 and biennially thereafter, the Federal Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives reports that describe the Commission’s progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline. (2) **Format of reports.—** — Each report under paragraph (1) shall, among other things, clearly identify for each unfinished regulatory proceeding— (A) the popular title; (B) the current stage of the proceeding; (C) an abstract of the proceeding; (D) what prompted the action in question; (E) any applicable statutory, regulatory, or judicial deadline; (F) the associated docket number; (G) the date the rulemaking was initiated; (H) a date for the next action; and (I) if a date for the next action identified in the previous report is not met, the reason for the delay.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3612 — Enforcement by Secretary

**(a) Election of judicial determination** When a charge is filed under [section 3610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim), a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed, may elect to have the claims asserted in that charge decided in a civil action under subsection (o) in lieu of a hearing under subsection (b). The election must be made not later than 20 days after the receipt by the electing person of service under [section 3610(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610/h&num=0&edition=prelim) or, in the case of the Secretary, not later than 20 days after such service. The person making such election shall give notice of doing so to the Secretary and to all other complainants and respondents to whom the charge relates. **(b) Administrative law judge hearing in absence of election** If an election is not made under subsection (a) with respect to a charge filed under [section 3610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim), the Secretary shall provide an opportunity for a hearing on the record with respect to a charge issued under [section 3610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim). The Secretary shall delegate the conduct of a hearing under this section to an administrative law judge appointed under [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim). The administrative law judge shall conduct the hearing at a place in the vicinity in which the discriminatory h

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 171 — Appointment and number of judges; character of court; designation of chief judge

**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States. **(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3601 — Declaration of policy

It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2321 — Judicial review of Board’s orders and decisions; procedure generally; process

**(a)** Except as otherwise provided by an Act of Congress, a proceeding to enjoin or suspend, in whole or in part, a rule, regulation, or order of the Surface Transportation Board shall be brought in the court of appeals as provided by and in the manner prescribed in chapter 158 of this title. **(b)** The procedure in the district courts in actions to enforce, in whole or in part, any order of the Surface Transportation Board other than for payment of money or the collection of fines, penalties, and forfeitures, shall be as provided in this chapter. **(c)** The orders, writs, and process of the district courts may, in the cases specified in subsection (b) and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49, run, be served and be returnable anywhere in the United States.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2346 — Certification of record on review

Unless the proceeding has been terminated on a motion to dismiss the petition, the agency shall file in the office of the clerk the record on review as provided by [section 2112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).

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