15 U.S.C. § 3207 — Judicial review and enforcement

Page 1998 TITLE 15—COMMERCE AND TRADE § 3207 § 3207. Judicial review and enforcement (a) Limitation of Federal jurisdiction (1) Notwithstanding any other provision of law, no court of the United States shall have ju- risdiction over any action arising under any pro- vision of this chapter except for— (A) an action over which a court of the United States has jurisdiction under para- graph (2), or (B) review in the Supreme Court of the United States in accordance with sections 1257 and 1258 of title 28. (2) The Secretary may bring an action in any appropriate court of the United States to en- force his right to intervene under section 3205 of this title, and such court shall have jurisdiction to grant appropriate relief. (b) Enforcement (1) Any person may bring an action to enforce the requirements of this chapter in the appro- priate State court. Such action in a State court shall be pursuant to applicable State proce- dures. (2) Nothing in this chapter shall authorize the Secretary to appeal or otherwise seek judicial review of the decisions of a State regulatory au- thority or nonregulated gas utility or to become a party to any action to obtain such review or appeal. The Secretary may participate as an amicus curiae in any judicial review of an action arising under the provisions of this chapter. (Pub. L. 95–617, title III, § 307, Nov. 9, 1978, 92 Stat. 3153.) Statutory Notes and Related Subsidiaries DEFINITIONS The definitions of Secretary and State in section 2602 of Title 16, Conservation, apply to this section. § 3208. Relationship to other applicable law Nothing in this chapter prohibits any State regulatory authority or nonregulated gas utility from adopting, pursuant to State law, any standard or rule affecting gas utilities which is different from any standard established by this chapter. (Pub. L. 95–617, title III, § 308, Nov. 9, 1978, 92 Stat. 3153.) Statutory Notes and Related Subsidiaries DEFINITIONS The definition of State in section 2602 of Title 16, Conservation, applies to this section. § 3209. Reports respecting standards (a) State authorities and nonregulated utilities Not later than 1 year after November 9, 1978, and annually thereafter for 10 years, each State regulatory authority (with respect to each gas utility for which it has ratemaking authority), and each nonregulated gas utility, shall report to the Secretary, in such manner as the Sec- retary shall prescribe, respecting its consider- ation of the standards established by this chap- ter. Such report shall include a summary of the determinations made and actions taken with re- spect to each of such standards on a utility-by- utility basis. (b) Secretary Not later than 18 months after November 9, 1978, and annually thereafter for 10 years, the Secretary shall submit a report to the President and the Congress containing— (1) a summary of the reports submitted under subsection (a), (2) his analysis of such reports, and (3) his actions under this chapter, and his recommendations for such further Federal ac- tions, including any legislation, regarding re- tail gas utility rates (and other practices) as may be necessary to carry out the purposes of this chapter. (Pub. L. 95–617, title III, § 309, Nov. 9, 1978, 92 Stat. 3153.) Statutory Notes and Related Subsidiaries DEFINITIONS The definition of Secretary in section 2602 of Title 16, Conservation, applies to this section. § 3210. Prior and pending proceedings For purposes of this chapter, proceedings com- menced by any State regulatory authority (with respect to gas utilities for which it has rate- making authority) and any nonregulated gas utility before November 9, 1978, and actions taken before such date in such proceedings shall be treated as complying with the requirements of this chapter if such proceedings and actions substantially conform to such requirements. For purposes of this chapter, any such proceeding or action commenced before November 9, 1978, but not completed before such date shall comply with the requirements of this chapter, to the maximum extent practicable, with respect to so much of such proceeding or action as takes place after such date. (Pub. L. 95–617, title III, § 310, Nov. 9, 1978, 92 Stat. 3154.) § 3211. Relationship to other authority Nothing in this chapter shall be construed to limit or affect any authority of the Secretary or the Commission under any other provision of law. (Pub. L. 95–617, title III, § 311, Nov. 9, 1978, 92 Stat. 3154.) Statutory Notes and Related Subsidiaries DEFINITIONS The definitions of Secretary and Commission in sec- tion 2602 of Title 16, Conservation, apply to this sec- tion. CHAPTER 60—NATURAL GAS POLICY Sec. 3301. Definitions. SUBCHAPTER I—WELLHEAD PRICING 3311 to 3320, 3331 to 3333. Repealed. SUBCHAPTER II—INCREMENTAL PRICING 3341 to 3348. Repealed.