42 U.S.C. § 9125 — Judicial review

Page 7686 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9123 financial information which is privileged or confiden- tial)’’ for ‘‘(relating to trade secrets and confidential commercial and financial information)’’. Subsec. (b)(2)(B). Pub. L. 98–623, § 602(e)(18), sub- stituted ‘‘Administrator’’ for ‘‘administrator’’. § 9123. Relinquishment or surrender of license (a) Relinquishment or surrender authority; con- tinuation of liability Any licensee may at any time, without pen- alty, surrender to the Administrator a license issued to him, or relinquish to the Adminis- trator, in whole or in part, any right to conduct construction or operation of an ocean thermal energy conversion facility or plantship, includ- ing part or all of any right of way which may have been granted in conjunction with such li- cense: Provided, That such surrender or relin- quishment shall not relieve the licensee of any obligation or liability established by this chap- ter, or any other Act, or of any obligation or li- ability for actions taken by him prior to such surrender or relinquishment, or during disposal or removal of any components required to be disposed of or removed pursuant to this chapter. (b) Transfer of right of way If part or all of a right of way which is relin- quished, or for which the license is surrendered, to the Administrator pursuant to subsection (a) of this section contains an electric transmission cable or pipeline which is used in conjunction with another license for an ocean thermal en- ergy conversion facility, the Administrator shall allow the other licensee an opportunity to add such right of way to his license before in- forming the Secretary of the Interior that the right of way has been vacated. (Pub. L. 96–320, title I, § 113, Aug. 3, 1980, 94 Stat. 989.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables. § 9124. Civil actions (a) Jurisdiction Except as provided in subsection (b) of this section, any person having a valid legal interest which is or may be adversely affected may com- mence a civil action for equitable relief on his own behalf in the United States District Court for the District of Columbia whenever such ac- tion constitutes a case or controversy— (1) against any person who is alleged to be in violation of any provision of this chapter or any regulation or condition of a license issued pursuant to this chapter; or (2) against the Administrator where there is alleged a failure of the Administrator to per- form any act or duty under this chapter which is not discretionary. In suits brought under this chapter, the district courts of the United States shall have jurisdic- tion, without regard to the amount in con- troversy or the citizenship of the parties, to en- force any provision of this chapter or any regu- lation or term or condition of a license issued pursuant to this chapter or to order the Admin- istrator to perform such act or duty, as the case may be. (b) Notice No civil action may be commenced— (1) under subsection (a)(1) of this section— (A) prior to 60 days after the plaintiff has given notice of the violation to the Adminis- trator and to any alleged violator; or (B) if the Administrator or the Attorney General has commenced and is diligently prosecuting a civil or criminal action with respect to such matters in a court of the United States, but in any such action any person may intervene as a matter of right; or (2) under subsection (a)(2) of this section prior to 60 days after the plaintiff has given notice of such action to the Administrator. Notice under this subsection shall be given in such a manner as the Administrator shall pre- scribe by regulation. (c) Right of Administrator or Attorney General to intervene In any action under this section, the Adminis- trator or the Attorney General, if not a party, may intervene as a matter of right. (d) Award of costs The court, in issuing any final order in any ac- tion brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines that such an award is appropriate. (e) Other remedies not restricted Nothing in this section shall restrict any right which any person or class of persons may have under any statute or common law to seek en- forcement or to seek any other relief. (Pub. L. 96–320, title I, § 114, Aug. 3, 1980, 94 Stat. 990.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables. § 9125. Judicial review Any person suffering legal wrong, or who is ad- versely affected or aggrieved by the Administra- tor’s decision to issue, transfer, modify, renew, suspend, or terminate a license may, not later than 60 days after such decision is made, seek judicial review of such decision in the United States Court of Appeals for the District of Co- lumbia. A person shall be deemed to be ag- grieved by the Administrator’s decision within the meaning of this chapter if he— Page 7687 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9141 1 See References in Text note below. 1 See References in Text note below. (1) has participated in the administrative proceedings before the Administrator (or if he did not so participate, he can show that his failure to do so was caused by the Administra- tor’s failure to provide the required notice); and (2) is adversely affected by the Administra- tor’s action. (Pub. L. 96–320, title I, § 115, Aug. 3, 1980, 94 Stat. 990.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions, was in the original ‘‘this Act’’, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables. § 9126. Exempt operations (a) Test platforms The provisions of this subchapter shall not apply to any test platform which will not oper- ate as an ocean thermal energy conversion facil- ity or plantship after conclusion of the testing period. (b) Commercial demonstration ocean thermal en- ergy conversion facilities or plantships The provisions of this subchapter shall not apply to ownership, construction, or operation of any ocean thermal energy conversion facility or plantship which the Secretary of Energy has designated in writing as a demonstration project for the development of alternative energy sources for the United States which is conducted by, participated in, or approved by the Depart- ment of Energy. The Secretary of Energy, after consultation with the Administrator, shall re- quire such demonstration projects to abide by as many of the substantive requirements of this subchapter as he deems to be practicable with- out damaging the nature of or unduly delaying such projects. (Pub. L. 96–320, title I, § 116, Aug. 3, 1980, 94 Stat. 991; Pub. L. 98–623, title VI, § 602(e)(4), Nov. 8, 1984, 98 Stat. 3412.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–623 substituted ‘‘facility or plantship’’ for ‘‘facility or platform’’. § 9127. Periodic review and revision of regula- tions The Administrator and the Secretary of the department in which the Coast Guard is oper- ating shall periodically, at intervals of not more than every 3 years, and in consultation with the Secretary of Energy, review any regulations promulgated pursuant to the provisions of this subchapter to determine the status and impact of such regulations on the continued develop- ment, evolution, and commercialization of ocean thermal energy conversion technology. The results of each such review shall be included in the next annual report required by section 9165 1 of this title. The Administrator and such Secretary are authorized and directed to pro- mulgate any revisions to the then effective reg- ulations as are deemed necessary and appro- priate based on such review, to ensure that any regulations promulgated pursuant to the provi- sions of this subchapter do not impede such de- velopment, evolution, and commercialization of such technology. Additionally, the Secretary of Energy is authorized to propose, based on such review, such revisions for the same purpose. The Administrator or such Secretary, as appro- priate, shall have exclusive jurisdiction with re- spect to any such proposal by the Secretary of Energy and, pursuant to applicable procedures, shall consider and take final action on any such proposal in an expeditious manner. Such consid- eration shall include at least one informal hear- ing pursuant to the procedures in section 553 of title 5. (Pub. L. 96–320, title I, § 117, Aug. 3, 1980, 94 Stat. 991.) Editorial Notes REFERENCES IN TEXT Section 9165 of this title, referred to in text, was omitted from the Code. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. SUBCHAPTER II—MARITIME FINANCING FOR OCEAN THERMAL ENERGY CONVER- SION § 9141. Determinations under Merchant Marine Act, 1936 (a)(1) For the purposes of chapter 535 of title 46, any ocean thermal energy conversion facility or plantship licensed pursuant to this chapter, and any vessel providing shipping service to or from such an ocean thermal energy conversion facility or plantship, shall be deemed to be a vessel operated in the foreign commerce of the United States. (2) The provisions of paragraph (1) of this sub- section shall apply for taxable years beginning after December 31, 1981. (b) For the purposes of the Merchant Marine Act, 1936 (46 U.S.C. 1177 et seq.),1 any vessel doc- umented under the laws of the United States and used in providing shipping service to or from any ocean thermal energy conversion facil- ity or plantship licensed pursuant to the provi- sions of this chapter shall be deemed to be used in, and used in an essential service in, the for-