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28 U.S.C. § 2321 — Judicial review of Board’s orders and decisions; procedure generally; process
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_ff75b17aa7ed6244f14b836a
Source file: Laws/federal/codes/united-states-code/title-28/section-2321-judicial-review-of-boards-orders-and-decisions-procedure-generally-proce--307f1ced2c.md
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Source location: Title 28, Chapter 157, § 2321; chapter-157-surface-transportation-board-orders-enforcement-and-review.md
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**(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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided by Act of Congress, the district courts shall have jurisdiction of any civil action to enforce, in whole or in part, any order of the Surface Transportation Board, and to enjoin or suspend, in whole or in part, any order of the Surface Transportation Board for the payment of money or the collection of fines, penalties, and forfeitures.
**(b)** When a district court or the United States Court of Federal Claims refers a question or issue to the Surface Transportation Board for determination, the court which referred the question or issue shall have exclusive jurisdiction of a civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, any order of the Surface Transportation Board arising out of such referral.
**(c)** Any action brought under subsection (b) of this section shall be filed within 90 days from the date that the order of the Surface Transportation Board becomes final.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1336
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided by law, a civil action brought under [section 1336(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1336/a&num=0&edition=prelim) shall be brought only in a judicial district in which any of the parties bringing the action resides or has its principal office.
**(b)** A civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, an order of the Interstate Commerce Commission made pursuant to the referral of a question or issue by a district court or by the United States Court of Federal Claims, shall be brought only in the court which referred the question or issue.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1398
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Federal law — U.S. Code and appendices · legal_authorities
All actions specified in [section 2321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2321&num=0&edition=prelim) shall be brought by or against the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2322
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Federal law — U.S. Code and appendices · legal_authorities
The Attorney General shall represent the Government in the actions specified in [section 2321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2321&num=0&edition=prelim) and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2323
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2324, act June 25, 1948, ch. 646, 62 Stat. 970, related to power of court to restrain or suspend operation of orders of Interstate Commerce Commission pending final hearing and determination of action.
Section 2325, act June 25, 1948, ch. 646, 62 Stat. 970, related to requirement of a three judge district court to hear and determine interlocutory or permanent injunctions restraining enforcement, operation or execution of orders of Interstate Commerce Commission.
#### Effective Date of Repeal
Repeal applicable to actions commenced on or before last day of first month beginning after Jan. 2, 1975, and actions to enjoin or suspend orders of Interstate Commerce Commission which are pending when this repeal becomes effective shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced, see section 10 of Pub. L. 93–584, set out as an Effective Date of 1975 Amendment note under [section 2321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2321&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2324, 2325
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) “clerk” means the clerk of the court in which the petition for the review of an order, reviewable under this chapter, is filed;
(2) “petitioner” means the party or parties by whom a petition to review an order, reviewable under this chapter, is filed; and
(3) “agency” means—
(A) the Commission, when the order sought to be reviewed was entered by the Federal Communications Commission, the Federal Maritime Commission, or the Atomic Energy Commission, as the case may be;
(B) the Secretary, when the order was entered by the Secretary of Agriculture or the Secretary of Transportation;
(C) the Administration, when the order was entered by the Maritime Administration;
(D) the Secretary, when the order is under section 812 of the Fair Housing Act; and
(E) the Board, when the order was entered by the Surface Transportation Board.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2341
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2342
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Federal law — U.S. Code and appendices · legal_authorities
Page 588
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2321
1975—Pub. L. 93–584, § 8, Jan. 2, 1975, 88 Stat. 1918, sub-
stituted ‘‘Judicial Review of Commission’s orders and
decisions; procedure generally; process’’ for ‘‘Procedure
generally; process’’ in item 2321 and struck out item
2324 ‘‘Stay of Commission’s order’’ and item 2325 ‘‘In-
junction; three-judge court required’’.
§ 2321. Judicial review of Board’s orders and de-
cisions; 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 ac-
tions 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 dis-
trict courts may, in the cases specified in sub-
section (b) and in enforcement actions and ac-
tions to collect civil penalties under subtitle IV
of title 49, run, be served and be returnable any-
where in the United States.
(June 25, 1948, ch. 646, 62 Stat. 969; May 24, 1949,
ch. 139, § 115, 63 Stat. 105; Pub. L. 93–584, § 5, Jan.
2, 1975, 88 Stat. 1917; Pub. L. 95–473, § 2(a)(3)(B),
Oct. 17, 1978, 92 Stat. 1465; Pub. L. 104–88, title
III, § 305(c)(1)(B), (C), Dec. 29, 1995, 109 Stat. 945.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., § 44 (Oct. 22, 1913, ch.
32, 38 Stat. 220.)
Word ‘‘actions’’ was substituted for ‘‘cases,’’ in view
of rule 2 of the Federal Rules
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2321
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