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42 U.S.C. § 8412 — Judicial review

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

42 U.S.C. § 8412 — Judicial review

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Source file: Laws/federal/codes/united-states-code/title-42/section-8412-judicial-review--e7ce62720a.md
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Source location: Title 42, Chapter 92, § 8412; chapter-092-powerplant-and-industrial-fuel-use.md

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**(a) Publication and delay of prohibition or exemption to allow for review** Any final rule or order prescribed by the Secretary imposing a prohibition or granting an exemption (or permit) under this chapter shall be published in the Federal Register, and shall not take effect earlier than the 60th calendar day after such rule or order is published. **(b) Publication of denial of exemption or permit** Any final order issued by the Secretary denying any petition for an exemption or a permit under this chapter shall be published in the Federal Register, together with the reasons for such action. **(c) Judicial review** (1) Any person aggrieved by any final rule or order referred to in subsection (a) or in [section 8374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8374&num=0&edition=prelim), or by the denial of a petition for an order granting an exemption (or permit) referred to in subsection (b), may at any time before the 60th day after the date such rule, order, or denial is published under subsection (a) or (b), file a petition with the United States court of appeals for the circuit wherein such person resides, or has his principal place of business, for judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which the rule or order was based as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). (2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule, order, or denial in accordance with chapter 7 of title 5, and to grant appropriate relief as provided in such chapter. No rule or order (or denial thereof) may be affirmed unless supported by substantial evidence. (3) The judgment of the court affirming or setting aside, in whole or in part, any such rule, order, or denial shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim). (4) Subject to the direction and control of the Attorney General, as provided in [section 519 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section519&num=0&edition=prelim), attorneys appointed by the Secretary may appear for and represent the Secretary in any proceeding instituted under this section in accordance with [section 7192(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7192/c&num=0&edition=prelim).

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

28 U.S.C. § 1254 — Courts of appeals; certiorari; certified questions

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

42 U.S.C. § 8301 — Findings; statement of purposes

**(a) Findings** The Congress finds that— (1) the protection of public health and welfare, the preservation of national security, and the regulation of interstate commerce require the establishment of a program for the expended 11 So in original. Probably should be “expanded”. use, consistent with applicable environmental requirements, of coal and other alternate fuels as primary energy sources for existing and new electric powerplants; and (2) the purposes of this chapter are furthered in cases in which coal or other alternate fuels are used by electric powerplants, consistent with applicable environmental requirements, as primary energy sources in lieu of natural gas or petroleum. **(b) Statement of purposes** The purpose 22 So in original. Probably should be “purposes”. of this chapter, which shall be carried out in a manner consistent with applicable environmental requirements, are— (1) to reduce the importation of petroleum and increase the Nation’s capability to use indigenous energy resources of the United States to the extent such reduction and use further the goal of national energy self-sufficiency and otherwise are in the best interests of the United States; (2) to encourage and foster the greater use of coal and other alternate fuels, in lieu of natural gas and petroleum, as a primary energy source; (3) to the extent permitted by this chapter, to encourage the use of synthetic gas derived from coal or other alternate fuels; (4) to encourage the rehabilitation and upgrading of railroad service and equipment necessary to transport coal to regions or States which can use coal in greater quantities; (5) to encourage the modernization or replacement of existing and new electric powerplants which utilize natural gas or petroleum as a primary energy source

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8301

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

42 U.S.C. § 8374 — Emergency authorities

**(a) Coal allocation authority** (1) If the President— (A) declares a severe energy supply interruption, as defined in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), or (B) finds, and publishes such finding, that a national or regional fuel supply shortage exists or may exist which the President determines— (i) is, or is likely to be, of significant scope and duration, and of an emergency nature; (ii) causes, or may cause, major adverse impact on public health, safety, or welfare or on the economy; and (iii) results, or is likely to result, from an interruption in the supply of coal or from sabotage, or an act of God; the President may, by order, allocate coal (and require the transportation thereof) for the use of any electric powerplant or major fuel-burning installation, in accordance with such terms and conditions as he may prescribe, to insure reliability of electric service or prevent unemployment, or protect public health, safety, or welfare. (2) For purposes of this subsection, the term “coal” means anthracite and bituminous coal and lignite (but does not mean any fuel derivative thereof). **(b) Emergency prohibition on use of natural gas or petroleum** If the President declares a severe energy supply interruption, as defined in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), the President may, by order, prohibit any electric powerplant or major fuel-burning installation from using natural gas or petroleum, or both, as a primary energy source for the duration of such interruption. Notwithstanding any other provision of this section, any suspension of emissio

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8374

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

28 U.S.C. § 2112 — Record on review and enforcement of agency orders

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2112

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

28 U.S.C. § 519 — Supervision of litigation

Except as otherwise authorized by law, the Attorney General shall supervise all litigation to which the United States, an agency, or officer thereof is a party, and shall direct all United States attorneys, assistant United States attorneys, and special attorneys appointed under [section 543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section543&num=0&edition=prelim) in the discharge of their respective duties.

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

42 U.S.C. § 8412 — Judicial review

Page 7606 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8412 tioning if he determines that such questioning is duplicative or is not likely to result in a timely and effective resolution of such issues. Any oral or documentary evidence may be received, but the Secretary as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. (2) A rule or order subject to this section may not be issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. (e) Transcript A transcript shall be kept of any public hear- ing made in accordance with this section. (f) Environmental Protection Agency comment A copy of any proposed rule or order to be pre- scribed or issued by the Secretary which im- poses a prohibition under this chapter (other than under section 8374 of this title), or a peti- tion for an exemption (or permit) under this chapter (other than under section 8374 of this title), shall be transmitted by the Secretary to the Administrator of the Environmental Protec- tion Agency and the Secretary shall request such agency to comment thereon within the pe- riod provided to the public unless a longer pe- riod is provided under the Clean Air Act [42 U.S.C. 7401 et seq.]. In any such case, the Admin- istrator of the Environmental Protection Agen- cy shall be afforded the same opportunity to comment and question as is provided other in- terested persons under subsection (d). (g) Repealed. Pub. L. 100–42, § 1(c)(16)(E), May 21, 1987, 101 Stat. 313 (h) Coordination with other provisions of law (1) Except as provided in sections 8412(c)(4), 8433(d)(5), and 8434 of this title, title V of the De-

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8412

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