15 U.S.C. § 719h — Judicial review

Page 1218 TITLE 15—COMMERCE AND TRADE § 719h terms and conditions shall not limit the Federal officer or agency’s authority under subsection (d) of this section. (Pub. L. 94–586, § 9, Oct. 22, 1976, 90 Stat. 2912.) Executive Documents TRANSFER OF FUNCTIONS Enforcement functions authorized by, and supple- mental enforcement authority created by this chapter with respect to pre-construction, construction, and ini- tial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspec- tor, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out under section 719e of this title. Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of this title. Functions and authority vest- ed in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transpor- tation Projects by section 720d(f) of this title. § 719h. Judicial review (a) Exclusiveness of remedy Notwithstanding any other provision of law, the actions of Federal officers or agencies taken pursuant to section 719g of this title, shall not be subject to judicial review except as provided in this section. (b) Limitations for filing claims (1) Claims alleging the invalidity of this chap- ter may be brought not later than the 60th day following the date a decision takes effect pursu- ant to section 719f of this title. (2) Claims alleging that an action will deny rights under the Constitution of the United States, or that an action is in excess of statu- tory jurisdiction, authority, or limitations, or short of statutory right may be brought not later than the 60th day following the date of such action, except that if a party shows that he did not know of the action complained of, and a reasonable person acting in the circumstances would not have known, he may bring a claim al- leging the invalidity of such action on the grounds stated above not later than the 60th day following the date of his acquiring actual or constructive knowledge of such action. (c) Jurisdiction (1) Special Courts (A) In general A claim under subsection (b) shall be barred unless a complaint is filed prior to the expiration of such time limits in the United States Court of Appeals for the Dis- trict of Columbia acting as a Special Court. (B) Exclusive jurisdiction The Special Court shall have exclusive ju- risdiction to determine such proceeding in accordance with the procedures hereinafter provided, and no other court of the United States, or any State, territory, or possession of the United States, or of the District of Co- lumbia, shall have jurisdiction of any such claim in any proceeding instituted prior to or on or after October 22, 1976. (2) Expedited consideration The Special Court shall set any action brought under this section for expedited con- sideration, taking into account the national interest described in section 719 of this title. (3) Environmental impact statements The enactment of a joint resolution under section 719f of this title approving the decision of the President shall be conclusive as to the legal and factual sufficiency of the environ- mental impact statements submitted by the President relative to the approved transpor- tation system and no court shall have jurisdic- tion to consider questions respecting the suffi- ciency of such statements under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. (Pub. L. 94–586, § 10, Oct. 22, 1976, 90 Stat. 2913; Pub. L. 98–620, title IV, § 402(16), Nov. 8, 1984, 98 Stat. 3358; Pub. L. 108–324, div. C, § 107(d), Oct. 13, 2004, 118 Stat. 1261.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (c)(3), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2004—Subsec. (c). Pub. L. 108–324, § 107(d)(1), inserted heading. Subsec. (c)(1). Pub. L. 108–324, § 107(d)(1), (2), des- ignated first sentence as subpar. (A) and inserted par. and subpar. headings and designated last sentence as subpar. (B), inserted subpar. heading, and substituted ‘‘The Special Court shall have’’ for ‘‘Such court shall have’’. Subsec. (c)(2). Pub. L. 108–324, § 107(d)(3), added par. (2). Subsec. (c)(3). Pub. L. 108–324, § 107(d)(4), inserted heading. 1984—Subsec. (c)(2). Pub. L. 98–620 struck out par. (2) which required that any such proceeding had to be as- signed for hearing and completed at the earliest pos- sible date, would, to the greatest extent practicable, take precedence over all other matters pending on the docket of the court at that time, and had to be expe- dited in every way by such court and such court had to render its decision relative to any claim within 90 days from the date such claim was brought unless such court determined that a longer period of time was required to satisfy requirements of the United States Constitution. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions authorized by, and supple- mental enforcement authority created by this chapter Page 1219 TITLE 15—COMMERCE AND TRADE § 719j 1 See References in Text note below. with respect to pre-construction, construction, and ini- tial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspec- tor, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out under section 719e of this title. Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of this title. Functions and authority vest- ed in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transpor- tation Projects by section 720d(f) of this title. § 719i. Supplemental enforcement authority (a) Compliance order or civil action In addition to remedies available under other applicable provisions of law, whenever any Fed- eral officer or agency determines that any per- son is in violation of any applicable provision of law administered or enforceable by such officer or agency or any rule, regulation, or order under such provision, including any term or condition of any certificate, right-of-way, permit, lease, or other authorization, issued or granted by such officer or agency, such officer or agency may— (1) issue a compliance order requiring such person to comply with such provision or any rule, regulation, or order thereunder, or (2) bring a civil action in accordance with subsection (c). (b) Specificity of compliance order Any order issued under subsection (a) shall state with reasonable specificity the nature of the violation and a time of compliance, not to exceed 30 days, which the officer or agency, as the case may be, determines is reasonable, tak- ing into account the seriousness of the violation and any good faith efforts to comply with appli- cable requirements. (c) Appropriate relief and jurisdiction of civil ac- tion Upon a request of such officer or agency, as the case may be, the Attorney General may commence a civil action for appropriate relief, including a permanent or temporary injunction or a civil penalty not to exceed $25,000 per day for violations of the compliance order issued under subsection (a). Any action under this sub- section may be brought in any district court of the United States for the district in which the defendant is located, resides, or is doing busi- ness, and such court shall have jurisdiction to restrain such violation, require compliance, or impose such penalty or give ancillary relief. (Pub. L. 94–586, § 11, Oct. 22, 1976, 90 Stat. 2914.) Executive Documents TRANSFER OF FUNCTIONS Enforcement functions authorized by, and supple- mental enforcement authority created by this chapter with respect to pre-construction, construction, and ini- tial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspec- tor, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out under section 719e of this title. Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of this title. Functions and authority vest- ed in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transpor- tation Projects by section 720d(f) of this title. § 719j. Export limitations Any exports of Alaska natural gas shall be subject to the requirements of the Natural Gas Act [15 U.S.C. 717 et seq.] and section 103 1 of the Energy Policy and Conservation Act, except that in addition to the requirements of such Acts, before any Alaska natural gas in excess of 1,000 Mcf per day may be exported to any nation other than Canada or Mexico, the President must make and publish an express finding that such exports will not diminish the total quan- tity or quality nor increase the total price of en- ergy available to the United States. (Pub. L. 94–586, § 12, Oct. 22, 1976, 90 Stat. 2914.) Editorial Notes REFERENCES IN TEXT The Natural Gas Act, referred to in text, is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified gen- erally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 717w of this title and Tables. The Energy Policy and Conservation Act, referred to in text, is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, which is classified principally to chapter 77 (§ 6201 et seq.) of Title 42, The Public Health and Welfare. Sec- tion 103 of the Act was classified to section 6212 of Title 42, prior to repeal by Pub. L. 114–113, div. O, title I, § 101(a), Dec. 18, 2015, 129 Stat. 2987. For complete classi- fication of this Act to the Code, see Short Title note set out under section 6201 of Title 42 and Tables. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions authorized by, and supple- mental enforcement authority created by this chapter with respect to pre-construction, construction, and ini- tial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspec- tor, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out under section 719e of this title. Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of this title. Functions and authority vest- ed in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transpor- tation Projects by section 720d(f) of this title.