28 U.S.C. § 2321 — Judicial review of Board’s orders and de-

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 of Civil Procedure. The exception as to procedure in the infliction of criminal punishment was omitted as unnecessary, as Title 18, U.S.C., Crimes and Criminal Procedure, and the Federal Rules of Criminal Procedure govern proce- dure in criminal matters. Changes were made in phraseology. 1949 ACT This section corrects, in section 2321 of title 28, U.S.C., the reference to certain sections in title 49, U.S.C. The provisions which were formerly set out as section 49 of such title 49, are now set out as section 23 of such title. Editorial Notes AMENDMENTS 1995—Pub. L. 104–88 substituted ‘‘Board’s’’ for ‘‘Com- mission’s’’ in section catchline and ‘‘Surface Transpor- tation Board’’ for ‘‘Interstate Commerce Commission’’ in subsecs. (a) and (b). 1978—Subsec. (c). Pub. L. 95–473 substituted ‘‘enforce- ment actions and actions to collect civil penalties under subtitle IV of title 49’’ for ‘‘actions under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)’’. 1975—Subsec. (a). Pub. L. 93–584 designated existing provisions as subsecs. (b) and (c) and added subsec. (a). Subsec. (b). Pub. L. 93–584 designated existing first par. as subsec. (b) and substituted ‘‘in whole or in part, any order of the Interstate Commerce Commission other than for’’, for ‘‘suspend, enjoin, annual or set aside in whole or in part any order of the Interstate Commerce Commission other than for the’’. Subsec. (c). Pub. L. 93–584 designated existing second par. as subsec. (c), substituted reference to subsec. (b) of this section for reference to this section, and in- serted references to the dates of enactment, statute ci- tations and code references of sections 20, 23 and 43 of Title 49. 1949—Act May 24, 1949, substituted ‘‘20, 23, and 43’’ for ‘‘20, 43, and 49’’ in second par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 93–584, § 10, Jan. 2, 1975, 88 Stat. 1918, provided that: ‘‘This Act [amending this section, sections 1336, 1398, 2323, 2341, and 2342 of this title, and section 305 of former Title 49, Transportation, and repealing sections 2324 and 2325 of this title] shall not apply to any action commenced on or before the last day of the first month beginning after the date of enactment [Jan. 2, 1975]. However, actions to enjoin or suspend orders of the Interstate Commerce Commission which are pending when this Act becomes effective shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced.’’ § 2322. United States as party All actions specified in section 2321 of this title shall be brought by or against the United States. (June 25, 1948, ch. 646, 62 Stat. 969.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 48 (Mar. 3, 1911, ch. 231, § 211, 36 Stat. 1150; Oct. 22, 1913, ch. 32, 38 Stat. 219). Word ‘‘actions’’ was substituted for ‘‘cases and pro- ceedings’’, in view of Rule 2 of the Federal Rules of Civil Procedure. A provision authorizing intervention by the United States was omitted. The United States, under the pro- visions of this section, is a necessary and indispensable original party, and hence intervention is unnecessary. (See Lambert Run Coal Co. v. Baltimore & O. R. Co., 1922, 42 S.Ct. 349, 258 U.S. 377, 66 L.Ed. 671.) § 2323. Duties of Attorney General; intervenors The Attorney General shall represent the Gov- ernment in the actions specified in section 2321 of this title and in enforcement actions and ac- tions to collect civil penalties under subtitle IV of title 49. The Surface Transportation Board and any party or parties in interest to the proceeding be- fore the Board, in which an order or requirement is made, may appear as parties of their own mo- tion and as of right, and be represented by their counsel, in any action involving the validity of such order or requirement or any part thereof, and the interest of such party. Communities, associations, corporations, firms, and individuals interested in the con- troversy or question before the Board, or in any action commenced under the aforesaid sections may intervene in said action at any time after commencement thereof. The Attorney General shall not dispose of or discontinue said action or proceeding over the