15 U.S.C. § 2060 — Judicial review of consumer product safe-

Page 1733 TITLE 15—COMMERCE AND TRADE § 2060 1 So in original. Probably should be followed by a closing parenthesis. § 2060. Judicial review of consumer product safe- ty rules (a) Petition by persons adversely affected, con- sumers, or consumer organizations Not later than 60 days after a consumer prod- uct safety rule is promulgated by the Commis- sion, any person adversely affected by such rule, or any consumer or consumer organization, may file a petition with the United States court of appeals for the District of Columbia, or for the circuit in which such person, consumer, or orga- nization resides or has his principal place of business for judicial review of such rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose and to the Attorney General. The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in section 2112 of title 28. For purposes of this sec- tion, the term ‘‘record’’ means such consumer product safety rule; any notice or proposal pub- lished pursuant to section 2056, 2057, or 2058 of this title; the transcript required by section 2058(d)(2) of this title of any oral presentation; any written submission of interested parties; and any other information which the Commis- sion considers relevant to such rule. (b) Additional data, views, or arguments If the petitioner applies to the court for leave to adduce additional data, views, or arguments and shows to the satisfaction of the court that such additional data, views, or arguments are material and that there were reasonable grounds for the petitioner’s failure to adduce such data, views, or arguments in the proceeding before the Commission, the court may order the Commis- sion to provide additional opportunity for the oral presentation of data, views, or arguments and for written submissions. The Commission may modify its findings, or make new findings by reason of the additional data, views, or argu- ments so taken and shall file such modified or new findings, and its recommendation, if any, for the modification or setting aside of its origi- nal rule, with the return of such additional data, views, or arguments. (c) Jurisdiction; costs and attorneys’ fees; sub- stantial evidence to support administrative findings Upon the filing of the petition under sub- section (a) of this section the court shall have jurisdiction to review the consumer product safety rule in accordance with chapter 7 of title 5, and to grant appropriate relief, including in- terim relief, as provided in such chapter. A court may in the interest of justice include in such relief an award of the costs of suit, includ- ing reasonable attorneys’ fees (determined in ac- cordance with subsection (f) 1 and reasonable ex- pert witnesses’ fees. Attorneys’ fees may be awarded against the United States (or any agen- cy or official of the United States) without re- gard to section 2412 of title 28 or any other pro- vision of law. The consumer product safety rule shall not be affirmed unless the Commission’s findings under sections 2058(f)(1) and 2058(f)(3) of this title are supported by substantial evidence on the record taken as a whole. (d) Supreme Court review The judgment of the court affirming or setting aside, in whole or in part, any consumer product safety rule 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. (e) Other remedies The remedies provided for in this section shall be in addition to and not in lieu of any other remedies provided by law. (f) Computation of reasonable fee for attorney For purposes of this section and sections 2072(a) and 2073 of this title, a reasonable attor- ney’s fee is a fee (1) which is based upon (A) the actual time expended by an attorney in pro- viding advice and other legal services in connec- tion with representing a person in an action brought under this section, and (B) such reason- able expenses as may be incurred by the attor- ney in the provision of such services, and (2) which is computed at the rate prevailing for the provision of similar services with respect to ac- tions brought in the court which is awarding such fee. (g) Expedited judicial review (1) Application This subsection applies, in lieu of the pre- ceding subsections of this section, to judicial review of— (A) any consumer product safety rule pro- mulgated by the Commission pursuant to section 2064(j) of this title (relating to iden- tification of substantial hazards); (B) any consumer product safety standard promulgated by the Commission pursuant to section 2089 of this title (relating to all-ter- rain vehicles); (C) any standard promulgated by the Com- mission under section 2056a of this title (re- lating to durable infant and toddler prod- ucts); and (D) any consumer product safety standard promulgated by the Commission under sec- tion 2056b of this title (relating to manda- tory toy safety standards). (2) In general Not later than 60 days after the promulga- tion, by the Commission, of a rule or standard to which this subsection applies, any person adversely affected by such rule or standard may file a petition with the United States Court of Appeals for the District of Columbia Circuit for judicial review of such rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose and to the Attorney General. The record of the proceedings on which the Commission based its rule shall be filed in the court as provided for in section 2112 of title 28. (3) Review Upon the filing of the petition under para- graph (2) of this subsection, the court shall Page 1734 TITLE 15—COMMERCE AND TRADE § 2061 have jurisdiction to review the rule in accord- ance with chapter 7 of title 5 and to grant ap- propriate relief, including interim relief, as provided in such chapter. (4) Conclusiveness of judgment The judgment of the court affirming or set- ting aside, in whole or in part, any final rule under this section shall be final, subject to re- view by the Supreme Court of the United States upon certiorari or certification, as pro- vided in section 1254 of title 28. (5) Further review A rule or standard with respect to which this subsection applies shall not be subject to judi- cial review in proceedings under section 2066 of this title (relating to imported products) or in civil or criminal proceedings for enforcement. (Pub. L. 92–573, § 11, Oct. 27, 1972, 86 Stat. 1218; Pub. L. 94–284, §§ 10(b), 11(a), May 11, 1976, 90 Stat. 507; Pub. L. 97–35, title XII, § 1211(h)(1)–(3)(A), Aug. 13, 1981, 95 Stat. 723; Pub. L. 97–414, § 9(j)(2), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 110–314, title II, § 236(a), Aug. 14, 2008, 122 Stat. 3075.) Editorial Notes AMENDMENTS 2008—Subsec. (g). Pub. L. 110–314 added subsec. (g). 1983—Subsec. (c). Pub. L. 97–414 substituted ‘‘sub- section (f)’’ for ‘‘section 2059(e)(4) of this title’’. 1981—Subsec. (a). Pub. L. 97–35, § 1211(h)(2), sub- stituted reference to section 2058(d)(2) of this title for reference to section 2058(a)(2) of this title. Subsec. (c). Pub. L. 97–35, § 1211(h)(1), substituted ref- erence to section 2058(f)(1) and (3) of this title for ref- erence to section 2058(c) of this title. Subsec. (f). Pub. L. 97–35, § 1211(h)(3)(A), added subsec. (f). 1976—Subsec. (a). Pub. L. 94–284, § 11(a), permitted the Commission to file the record of its proceedings on which its rule was based with the court in lieu of trans- mitting the record to the Attorney General. Subsec. (c). Pub. L. 94–284, § 10(b), inserted provision permitting the court to award costs, including reason- able attorneys’ fees, in the interest of justice. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. EFFECTIVE DATE Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title. PENDING ACTIONS UNAFFECTED Pub. L. 110–314, title II, § 236(b), Aug. 14, 2008, 122 Stat. 3076, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall not apply to any petition filed before the date of enactment of this Act [Aug. 14, 2008] for judicial review of any action by the Consumer Product Safety Commission.’’ § 2061. Imminent hazards (a) Filing of action The Commission may file in a United States district court an action (1) against an immi- nently hazardous consumer product for seizure of such product under subsection (b)(2), or (2) against any person who is a manufacturer, dis- tributor, or retailer of such product, or (3) against both. Such an action may be filed not- withstanding the existence of a consumer prod- uct safety rule applicable to such product, or the pendency of any administrative or judicial proceedings under any other provision of this chapter. As used in this section, and hereinafter in this chapter, the term ‘‘imminently haz- ardous consumer product’’ means a consumer product which presents imminent and unreason- able risk of death, serious illness, or severe per- sonal injury. (b) Relief; product condemnation and seizure (1) The district court in which such action is filed shall have jurisdiction to declare such product an imminently hazardous consumer product, and (in the case of an action under sub- section (a)(2) of this section) to grant (as ancil- lary to such declaration or in lieu thereof) such temporary or permanent relief as may be nec- essary to protect the public from such risk. Such relief may include a mandatory order re- quiring the notification of such risk to pur- chasers of such product known to the defendant, public notice, the recall, the repair or the re- placement of, or refund for, such product. (2) In the case of an action under subsection (a)(1) of this section, the consumer product may be proceeded against by process of libel for the seizure and condemnation of such product in any United States district court within the jurisdic- tion of which such consumer product is found. Proceedings and cases instituted under the au- thority of the preceding sentence shall conform as nearly as possible to proceedings in rem in admiralty. (c) Consumer product safety rule Where appropriate, concurrently with the fil- ing of such action or as soon thereafter as may be practicable, the Commission shall initiate a proceeding to promulgate a consumer product safety rule applicable to the consumer product with respect to which such action is filed. (d) Jurisdiction and venue; process; subpena (1) An action under subsection (a)(2) of this section may be brought in the United States dis- trict court for the District of Columbia or in any judicial district in which any of the defend- ants is found, is an inhabitant or transacts busi- ness; and process in such an action may be served on a defendant in any other district in which such defendant resides or may be found. Subpenas requiring attendance of witnesses in such an action may run into any other district. In determining the judicial district in which an action may be brought under this section in in- stances in which such action may be brought in more than one judicial district, the Commission shall take into account the convenience of the parties. (2) Whenever proceedings under this section involving substantially similar consumer prod- ucts are pending in courts in two or more judi- cial districts, they shall be consolidated for trial by order of any such court upon application rea- sonably made by any party in interest, upon no- tice to all other parties in interest.