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49 U.S.C. § 32909 — Judicial review of regulations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing and Venue.—**
(1) A person that may be adversely affected by a regulation prescribed in carrying out any of sections 32901–32904 or 32908 of this title may apply for review of the regulation by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
(2) A person adversely affected by a regulation prescribed under [section 32912(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32912/c/1&num=0&edition=prelim) may apply for review of the regulation by filing a petition for review in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
**(b) Time for Filing and Judicial Procedures.—** The petition must be filed not later than 59 days after the regulation is prescribed, except that a petition for review of a regulation prescribing an amendment of a standard submitted to Congress under [section 32902(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32902/c/2&num=0&edition=prelim) must be filed not later than 59 days after the end of the 60-day period referred to in section 32902(c)(2). The clerk of the court shall send immediately a copy of the petition to the Secretary of Transportation or the Administrator of the Environmental Protection Agency, whoever prescribed the regulation. The Secretary or the Administrator shall file with the court a record of the proceeding in which the regulation was prescribed.
**(c) Additional Proceedings.—**
(1) When reviewing a regulation under subsection (a)(1) of this section, the
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Source location: Title 49, Chapter 329, § 32909; chapter-329-automobile-fuel-economy.md
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**(a) Filing and Venue.—**
(1) A person that may be adversely affected by a regulation prescribed in carrying out any of sections 32901–32904 or 32908 of this title may apply for review of the regulation by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
(2) A person adversely affected by a regulation prescribed under [section 32912(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32912/c/1&num=0&edition=prelim) may apply for review of the regulation by filing a petition for review in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
**(b) Time for Filing and Judicial Procedures.—** The petition must be filed not later than 59 days after the regulation is prescribed, except that a petition for review of a regulation prescribing an amendment of a standard submitted to Congress under [section 32902(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32902/c/2&num=0&edition=prelim) must be filed not later than 59 days after the end of the 60-day period referred to in section 32902(c)(2). The clerk of the court shall send immediately a copy of the petition to the Secretary of Transportation or the Administrator of the Environmental Protection Agency, whoever prescribed the regulation. The Secretary or the Administrator shall file with the court a record of the proceeding in which the regulation was prescribed.
**(c) Additional Proceedings.—**
(1) When reviewing a regulation under subsection (a)(1) of this section, the court, on request of the petitioner, may order the Secretary or the Administrator to receive additional submissions if the court is satisfied the additional submissions are material and there were reasonable grounds for not presenting the submissions in the proceeding before the Secretary or Administrator.
(2) The Secretary or the Administrator may amend or set aside the regulation, or prescribe a new regulation because of the additional submissions presented. The Secretary or Administrator shall file an amended or new regulation and the additional submissions with the court. The court shall review a changed or new regulation.
**(d) Supreme Court Review and Additional Remedies.—** A judgment of a court under this section may be reviewed only by the Supreme Court under [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim). A remedy under subsections (a)(1) and (c) of this section is in addition to any other remedies provided by law.
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply:
(1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter, “aeronautics”, “air commerce”, and “air navigation facility” have the same meanings given those terms in [section 40102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2004, Pub. L. 92–513, title V, § 504, as added Pub. L. 94–163, title III, § 301, Dec. 22, 1975, 89 Stat. 908, related to judicial review of rules prescribed under section 2001, 2002, 2003, or 2006 of this title. See [section 32909 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32909&num=0&edition=prelim), Transportation.
Section 2005, Pub. L. 92–513, title V, § 505, as added Pub. L. 94–163, title III, § 301, Dec. 22, 1975, 89 Stat. 908; amended Pub. L. 96–425, § 3(b), Oct. 10, 1980, 94 Stat. 1822, related to fuel economy information and reports to be filed by manufacturers. See sections 32907 and 32910 of Title 49.
Section 2006, Pub. L. 92–513, title V, § 506, as added Pub. L. 94–163, title III, § 301, Dec. 22, 1975, 89 Stat. 910; amended Pub. L. 95–619, title IV, §§ 401(a), 403(a), (b), Nov. 9, 1978, 92 Stat. 3254, 3256, 3257; Pub. L. 100–494, § 8(a), Oct. 14, 1988, 102 Stat. 2452; Pub. L. 102–486, title IV, § 403(3), (4), Oct. 24, 1992, 106 Stat. 2876, related to fuel economy labeling. See [section 32908 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32908&num=0&edition=prelim).
Section 2007, Pub. L. 92–513, title V, § 507, as added Pub. L. 94–163, title III, § 301, Dec. 22, 1975, 89 Stat. 911; amended Pub. L. 96–425, § 6(a), Oct. 10, 1980, 94 Stat. 1826, related to unlawful conduct under this subchapter. See [section 32911 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32911&num=0&edition=prelim).
Section 2008, Pub. L. 92–513, title V, § 508, as added Pub. L. 94–163, title III, § 301, Dec. 22, 1975, 89 Stat. 911; amended Pub. L. 95–619, title IV, § 402, Nov. 9, 1978, 92 Stat. 3255; Pub. L. 96–425, §§ 6(c), 8(f)
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Federal law — U.S. Code and appendices · legal_authorities
A person that may be adversely affected by a regulation prescribed under this chapter may obtain judicial review of the regulation under [section 32909 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32909&num=0&edition=prelim). A remedy under this section is in addition to any other remedies provided by law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 33117
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Federal law — U.S. Code and appendices · legal_authorities
Page 975
TITLE 49—TRANSPORTATION
§ 32909
not less often than every 5 years thereafter, the Admin-
istrator of the Environmental Protection Agency, in
consultation with the Secretary of Transportation,
shall—
‘‘(1) reevaluate the fuel economy labeling proce-
dures described in the final rule published in the Fed-
eral Register on December 27, 2006 (71 Fed. Reg. 77,872;
40 CFR parts 86 and 600) to determine whether
changes in the factors used to establish the labeling
procedures warrant a revision of that process; and
‘‘(2) submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the
House of Representatives that describes the results of
the reevaluation process.’’
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
§ 32909. Judicial review of regulations
(a) FILING AND VENUE.—(1) A person that may
be adversely affected by a regulation prescribed
in carrying out any of sections 32901–32904 or
32908 of this title may apply for review of the
regulation by filing a petition for review in the
United States Court of Appeals for the District
of Columbia Circuit or in the court of appeals of
the United States for the circuit in which the
person resides or has its principal place of busi-
ness.
(2) A person adversely affected by a regulation
prescribed under section 32912(c)(1) of this title
may apply for review of the regulation by filing
a petition for review in the court of appeals of
the United States for the circuit in which the
person resides or has its principal place of busi-
ness.
(b) TIME
FOR
FILING
AND
JUDICIAL
PROCE-
DURES.—The petition must be fi
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