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30 U.S.C. § 1276 — Judicial review
Federal law — U.S. Code and appendices · legal_authorities
**(a) Review by United States District Court; venue; filing of petition; time**
(1) Any action of the Secretary to approve or disapprove a State program or to prepare or promulgate a Federal program pursuant to this chapter shall be subject to judicial review by the United States District Court for the District which includes the capital of the State whose program is at issue. Any action by the Secretary promulgating national rules or regulations including standards pursuant to sections 1251, 1265, 1266, and 1273 of this title shall be subject to judicial review in the United States District Court for the District of Columbia Circuit. Any other action constituting rulemaking by the Secretary shall be subject to judicial review only by the United States District Court for the District in which the surface coal mining operation is located. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law. A petition for review of any action subject to judicial review under this subsection shall be filed in the appropriate Court within sixty days from the date of such action, or after such date if the petition is based solely on grounds arising after the sixtieth day. Any such petition may be made by any person who participated in the administrative proceedings and who is aggrieved by the action of the Secretary.
(2) Any order or decision issued by the Secretary in a civil penalty proceeding or any other proceeding required to be conducted pursuant to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim) shall be subject to judicial review on or before 30 days from the date of such ord
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1276
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Source file: Laws/federal/codes/united-states-code/title-30/section-1276-judicial-review--d7a93eb8e2.md
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Source location: Title 30, Chapter 25, § 1276; chapter-025-surface-mining-control-and-reclamation.md
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**(a) Review by United States District Court; venue; filing of petition; time**
(1) Any action of the Secretary to approve or disapprove a State program or to prepare or promulgate a Federal program pursuant to this chapter shall be subject to judicial review by the United States District Court for the District which includes the capital of the State whose program is at issue. Any action by the Secretary promulgating national rules or regulations including standards pursuant to sections 1251, 1265, 1266, and 1273 of this title shall be subject to judicial review in the United States District Court for the District of Columbia Circuit. Any other action constituting rulemaking by the Secretary shall be subject to judicial review only by the United States District Court for the District in which the surface coal mining operation is located. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law. A petition for review of any action subject to judicial review under this subsection shall be filed in the appropriate Court within sixty days from the date of such action, or after such date if the petition is based solely on grounds arising after the sixtieth day. Any such petition may be made by any person who participated in the administrative proceedings and who is aggrieved by the action of the Secretary.
(2) Any order or decision issued by the Secretary in a civil penalty proceeding or any other proceeding required to be conducted pursuant to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim) shall be subject to judicial review on or before 30 days from the date of such order or decision in accordance with subsection (b) of this section in the United States District Court for the district in which the surface coal mining operation is located. In the case of a proceeding to review an order or decision issued by the Secretary under the penalty section of this chapter, the court shall have jurisdiction to enter an order requiring payment of any civil penalty assessment enforced by its judgment. This availability of review established in this subsection shall not be construed to limit the operations of rights established in [section 1270 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1270&num=0&edition=prelim).
**(b) Evidence; conclusiveness of findings; orders** The court shall hear such petition or complaint solely on the record made before the Secretary. Except as provided in subsection (a), the findings of the Secretary if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the Secretary for such further action as it may direct.
**(c) Temporary relief; prerequisites** In the case of a proceeding to review any order or decision issued by the Secretary under this chapter, including an order or decision issued pursuant to subsection (c) or (d) of [section 1275 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1275&num=0&edition=prelim) pertaining to any order issued under paragraph (2), (3), or (4) of subsection (a) of [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim) for cessation of coal mining and reclamation operations, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if—
(1) all parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;
(2) the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and
(3) such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.
**(d) Stay of action, order, or decision of Secretary** The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the Secretary.
**(e) Action of State regulatory authority** Action of the State regulatory authority pursuant to an approved State program shall be subject to judicial review by a court of competent jurisdiction in accordance with State law, but the availability of such review shall not be construed to limit the operation of the rights established in [section 1270 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1270&num=0&edition=prelim) except as provided therein.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved—
(1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
(2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim);
(3) proceedings in which decisions rest solely on inspections, tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a court; or
(6) the certification of worker representatives.
**(b)** Persons entitled to notice of an agency hearing shall be timely informed of—
(1) the time, place, and nature of the hearing;
(2) the legal authority and jurisdiction under which the hearing is to be held; and
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
**(c)** The agency shall give all interested parties opportunity for—
(1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
(2) to the extent that the parties are unable so to determine a controversy by consent, heari
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 554
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for review of order or notice; investigation; hearing; notice**
(1) A permittee issued a notice or order by the Secretary pursuant to the provisions of paragraphs (2) and (3) of subsection (a) of [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), or pursuant to a Federal program or the Federal lands program or any person having an interest which is or may be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the Secretary for review of the notice or order within thirty days of receipt thereof or within thirty days of its modification, vacation, or termination. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing, at the request of the applicant or the person having an interest which is or may be adversely affected, to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. The filing of an application for review under this subsection shall not operate as a stay of any order or notice.
(2) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five days prior thereto. Any such hearing shall be of record and shall be subject to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim).
**(b) Findings of fact; issuance of decision** Upon receiving the report of such investigation, the Secretary shall make findings o
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1275
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil action to compel compliance with this chapter** Except as provided in subsection (b) of this section, any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this chapter—
(1) against the United States or any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution which is alleged to be in violation of the provisions of this chapter or of any rule, regulation, order or permit issued pursuant thereto, or against any other person who is alleged to be in violation of any rule, regulation, order or permit issued pursuant to this subchapter; or
(2) against the Secretary or the appropriate State regulatory authority to the extent permitted by the eleventh amendment to the Constitution where there is alleged a failure of the Secretary or the appropriate State regulatory authority to perform any act or duty under this chapter which is not discretionary with the Secretary or with the appropriate State regulatory authority.
The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties.
**(b) Limitation on bringing of action** No action may be commenced—
(1) under subsection (a)(1) of this section—
(A) prior to sixty days after the plaintiff has given notice in writing of the violation (i) to the Secretary, (ii) to the State in which the violation occurs, and (iii) to any alleged violator; or
(B) if the Secretary or the State has commenced and is diligently prosecuting a civil action in a court of the United States or a State to require compliance with the provisions of this chapter, or any rule, regulation, order, or permit issued pursuant to this chapter, b
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1270
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice of violation; Federal inspection; waiver of notification period; cessation order; affirmative obligation on operator; suspension or revocation of permits; contents of notices and orders**
(1) Whenever, on the basis of any information available to him, including receipt of information from any person, the Secretary has reason to believe that any person is in violation of any requirement of this chapter or any permit condition required by this chapter, the Secretary shall notify the State regulatory authority, if one exists, in the State in which such violation exists. If no such State authority exists or the State regulatory authority fails within ten days after notification to take appropriate action to cause said violation to be corrected or to show good cause for such failure and transmit notification of its action to the Secretary, the Secretary shall immediately order Federal inspection of the surface coal mining operation at which the alleged violation is occurring unless the information available to the Secretary is a result of a previous Federal inspection of such surface coal mining operation. The ten-day notification period shall be waived when the person informing the Secretary provides adequate proof that an imminent danger of significant environmental harm exists and that the State has failed to take appropriate action. When the Federal inspection results from information provided to the Secretary by any person, the Secretary shall notify such person when the Federal inspection is proposed to be carried out and such person shall be allowed to accompany the inspector during the inspection.
(2) When, on the basis of any Federal inspection, the Secretary or his authorized representative determines that any condition or practices exist, or that an
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1271
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance of findings within 60 days after informal conference** If an informal conference has been held pursuant to [section 1263(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1263/b&num=0&edition=prelim), the regulatory authority shall issue and furnish the applicant for a permit and persons who are parties to the administrative proceedings with the written finding of the regulatory authority, granting or denying the permit in whole or in part and stating the reasons therefor, within the sixty days of said hearings.
**(b) Decision without informal conference; notification within a reasonable time** If there has been no informal conference held pursuant to [section 1263(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1263/b&num=0&edition=prelim), the regulatory authority shall notify the applicant for a permit within a reasonable time as determined by the regulatory authority and set forth in regulations, taking into account the time needed for proper investigation of the site, the complexity of the permit application, and whether or not written objection to the application has been filed, whether the application has been approved or disapproved in whole or part.
**(c) Request for rehearing on reasons for final determination; time; issuance of decision** If the application is approved, the permit shall be issued. If the application is disapproved, specific reasons therefor must be set forth in the notification. Within thirty days after the applicant is notified of the final decision of the regulatory authority on the permit application, the applicant or any person with an interest which is or may be adversely affected may request a hearing on the reasons for the final d
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1264
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil penalties for violations of permit conditions and provisions of this subchapter** In the enforcement of a Federal program or Federal lands program, or during Federal enforcement pursuant to [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252&num=0&edition=prelim) or during Federal enforcement of a State program pursuant to [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), any permittee who violates any permit condition or who violates any other provision of this subchapter, may be assessed a civil penalty by the Secretary, except that if such violation leads to the issuance of a cessation order under [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), the civil penalty shall be assessed. Such penalty shall not exceed $5,000 for each violation. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. In determining the amount of the penalty, consideration shall be given to the permittee’s history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.
**(b) Hearing** A civil penalty shall be assessed by the Secretary only after the person charged with a violation described under subsection (a) of this section has been given an opportunity for a public hearing. Where such a
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1268
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Federal law — U.S. Code and appendices · legal_authorities
Page 303
TITLE 30—MINERAL LANDS AND MINING
§ 1277
§ 1276. Judicial review
(a) Review by United States District Court;
venue; filing of petition; time
(1) Any action of the Secretary to approve or
disapprove a State program or to prepare or pro-
mulgate a Federal program pursuant to this
chapter shall be subject to judicial review by the
United States District Court for the District
which includes the capital of the State whose
program is at issue. Any action by the Secretary
promulgating national rules or regulations in-
cluding standards pursuant to sections 1251, 1265,
1266, and 1273 of this title shall be subject to ju-
dicial review in the United States District Court
for the District of Columbia Circuit. Any other
action constituting rulemaking by the Sec-
retary shall be subject to judicial review only by
the United States District Court for the District
in which the surface coal mining operation is lo-
cated. Any action subject to judicial review
under this subsection shall be affirmed unless
the court concludes that such action is arbi-
trary, capricious, or otherwise inconsistent with
law. A petition for review of any action subject
to judicial review under this subsection shall be
filed in the appropriate Court within sixty days
from the date of such action, or after such date
if the petition is based solely on grounds arising
after the sixtieth day. Any such petition may be
made by any person who participated in the ad-
ministrative proceedings and who is aggrieved
by the action of the Secretary.
(2) Any order or decision issued by the Sec-
retary in a civil penalty proceeding or any other
proceeding required to be conducted pursuant to
section 554 of title 5 shall be subject to judicial
review on or before 30 days from the date of
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1276
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