15 U.S.C. § 2618 — Judicial review

Page 1896 TITLE 15—COMMERCE AND TRADE § 2618 1 So in original. Editorial Notes REFERENCES IN TEXT Section 2605(b)(4)(D) of this title, referred to in sub- sec. (a)(1)(B)(i), (ii), was in the original ‘‘section (6)(b)(4)(D)’’, and was translated as meaning section 6(b)(4)(D) of title I of Pub. L. 94–469 to reflect the prob- able intent of Congress. The Frank R. Lautenberg Chemical Safety for the 21st Century Act, referred to in subsecs. (d)(1)(A), (2) and (g)(1), (2)(A), is Pub. L. 114–182, June 22, 2016, 130 Stat. 492. The effective date of the Frank R. Lauten- berg Chemical Safety for the 21st Century Act probably means the date of the enactment of the Act, which was approved June 22, 2016. For complete classification of this Act to the Code, see Short Title of 2016 Amend- ment note set out under section 2601 of this title and Tables. AMENDMENTS 2016—Subsec. (a). Pub. L. 114–182, § 13(1), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) re- lated to effect of chapter on State law. Subsec. (b). Pub. L. 114–182, § 13(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to exemption from required testing of chemical sub- stances or mixtures. Subsecs. (c) to (g). Pub. L. 114–182, § 13(3), added sub- secs. (c) to (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. § 2618. Judicial review (a) In general (1)(A) Except as otherwise provided in this subchapter, not later than 60 days after the date on which a rule is promulgated under this sub- chapter, subchapter II, or subchapter IV, or the date on which an order is issued under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,,1 any person may file a petition for judicial re- view of such rule or order with the United States Court of Appeals for the District of Co- lumbia Circuit or for the circuit in which such person resides or in which such person’s prin- cipal place of business is located. Courts of ap- peals of the United States shall have exclusive jurisdiction of any action to obtain judicial re- view (other than in an enforcement proceeding) of such a rule or order if any district court of the United States would have had jurisdiction of such action but for this subparagraph. (B) Except as otherwise provided in this sub- chapter, courts of appeals of the United States shall have exclusive jurisdiction of any action to obtain judicial review (other than in an enforce- ment proceeding) of an order issued under this subchapter, other than an order under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title, if any district court of the United States would have had jurisdiction of such action but for this subparagraph. (C)(i) Not later than 60 days after the publica- tion of a designation under section 2605(b)(1)(B)(ii) of this title, any person may commence a civil action to challenge the des- ignation. (ii) The United States Court of Appeals for the District of Columbia Circuit shall have exclu- sive jurisdiction over a civil action filed under this subparagraph. (2) Copies of any petition filed under para- graph (1)(A) shall be transmitted forthwith to the Administrator and to the Attorney General by the clerk of the court with which such peti- tion was filed. The provisions of section 2112 of title 28 shall apply to the filing of the record of proceedings on which the Administrator based the rule or order being reviewed under this sec- tion and to the transfer of proceedings between United States courts of appeals. (b) Additional submissions and presentations; modifications If in an action under this section to review a rule, or an order under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title, the petitioner or the Administrator applies to the court for leave to make additional oral submissions or written presentations respecting such rule or order and shows to the satisfaction of the court that such submissions and presentations would be mate- rial and that there were reasonable grounds for the submissions and failure to make such sub- missions and presentations in the proceeding be- fore the Administrator, the court may order the Administrator to provide additional opportunity to make such submissions and presentations. The Administrator may modify or set aside the rule or order being reviewed or make a new rule or order by reason of the additional submissions and presentations and shall file such modified or new rule or order with the return of such sub- missions and presentations. The court shall thereafter review such new or modified rule or order. (c) Standard of review (1)(A) Upon the filing of a petition under sub- section (a)(1) for judicial review of a rule or order, the court shall have jurisdiction (i) to grant appropriate relief, including interim re- lief, as provided in chapter 7 of title 5, and (ii) except as otherwise provided in subparagraph (B), to review such rule or order in accordance with chapter 7 of title 5. (B) Section 706 of title 5 shall apply to review of a rule or order under this section, except that— (i) in the case of review of— (I) a rule under section 2603(a), 2604(b)(4), 2605(a) (including review of the associated determination under section 2605(b)(4)(A)), or 2605(e) of this title, the standard for re- view prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such rule if the court finds that the rule is not supported by substantial evidence in the rulemaking record taken as a whole; and (II) an order under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title, the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such order if the court finds that the order is not supported by substantial evidence in the record taken as a whole; and (ii) the court may not review the contents and adequacy of any statement of basis and Page 1897 TITLE 15—COMMERCE AND TRADE § 2619 purpose required by section 553(c) of title 5 to be incorporated in the rule or order, except as part of the record, taken as a whole. (2) The judgment of the court affirming or set- ting aside, in whole or in part, any rule or order reviewed in accordance with this section shall be final, subject to review by the Supreme Court of the United States upon certiorari or certifi- cation, as provided in section 1254 of title 28. (d) Fees and costs The decision of the court in an action com- menced under subsection (a), or of the Supreme Court of the United States on review of such a decision, may include an award of costs of suit and reasonable fees for attorneys and expert witnesses if the court determines that such an award is appropriate. (e) Other remedies The remedies as provided in this section shall be in addition to and not in lieu of any other remedies provided by law. (Pub. L. 94–469, title I, § 19, Oct. 11, 1976, 90 Stat. 2039; renumbered title I and amended Pub. L. 99–519, § 3(b)(2), (c)(1), Oct. 22, 1986, 100 Stat. 2989; Pub. L. 102–550, title X, § 1021(b)(8), Oct. 28, 1992, 106 Stat. 3923; Pub. L. 114–182, title I, §§ 14, 19(m), June 22, 2016, 130 Stat. 498, 508.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(1)(A). Pub. L. 114–182, § 19(m)(1)(A), substituted ‘‘Except as otherwise provided in this sub- chapter, not later than 60 days after the date on which a rule is promulgated under this subchapter, sub- chapter II, or subchapter IV, or the date on which an order is issued under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,’’ for ‘‘Not later than 60 days after the date of the promulgation of a rule under section 2603(a), 2604(a)(2), 2604(b)(4), 2605(a), 2605(e), or 2607 of this title, or under subchapter II or IV’’, ‘‘such rule or order’’ for ‘‘such rule’’, and ‘‘such a rule or order’’ for ‘‘such a rule’’. Subsec. (a)(1)(B). Pub. L. 114–182, § 19(m)(1)(B), sub- stituted ‘‘Except as otherwise provided in this sub- chapter, courts’’ for ‘‘Courts’’ and ‘‘this subchapter, other than an order under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,’’ for ‘‘subparagraph (A) or (B) of section 2605(b)(1) of this title’’. Subsec. (a)(1)(C). Pub. L. 114–182, § 14(1), added subpar. (C). Subsec. (a)(2). Pub. L. 114–182, § 19(m)(1)(C), sub- stituted ‘‘record’’ for ‘‘rulemaking record’’ and ‘‘based the rule or order’’ for ‘‘based the rule’’. Subsec. (a)(3). Pub. L. 114–182, § 14(2), struck out par. (3) which defined ‘‘rulemaking record’’. Subsec. (b). Pub. L. 114–182, § 19(m)(2), substituted ‘‘re- view a rule, or an order under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,’’ for ‘‘review a rule’’, ‘‘such rule or order’’ for ‘‘such rule’’, ‘‘the rule or order’’ for ‘‘the rule’’, ‘‘new rule or order’’ for ‘‘new rule’’ in two places, and ‘‘modified rule or order’’ for ‘‘modified rule’’. Subsec. (c)(1)(A). Pub. L. 114–182, § 19(m)(3)(A)(i), sub- stituted ‘‘a rule or order’’ for ‘‘a rule’’ and ‘‘such rule or order’’ for ‘‘such rule’’. Subsec. (c)(1)(B). Pub. L. 114–182, § 19(m)(3)(A)(ii)(I), substituted ‘‘a rule or order’’ for ‘‘a rule’’ in introduc- tory provisions. Pub. L. 114–182, § 19(m)(3)(A)(ii)(III), struck out con- cluding provisions which read as follows: ‘‘The term ‘evidence’ as used in clause (i) means any matter in the rulemaking record.’’ Subsec. (c)(1)(B)(i). Pub. L. 114–182, § 19(m)(3)(A)(ii)(II), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: ‘‘in the case of re- view of a rule under section 2603(a), 2604(b)(4), 2605(a), or 2605(e) of this title, the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such rule if the court finds that the rule is not supported by substantial evidence in the rulemaking record (as de- fined in subsection (a)(3)) taken as a whole;’’. Subsec. (c)(1)(B)(ii), (iii). Pub. L. 114–182, § 19(m)(3)(A)(ii)(III), added cl. (ii) and struck out former cls. (ii) and (iii) which related to review of rules under section 2605(a) of this title and statements not subject to court review, respectively. Subsec. (c)(1)(C). Pub. L. 114–182, § 19(m)(3)(A)(iii), struck out subpar. (C) which read as follows: ‘‘A deter- mination, rule, or ruling of the Administrator de- scribed in subparagraph (B)(ii) may be reviewed only in an action under this section and only in accordance with such subparagraph.’’ Subsec. (c)(2). Pub. L. 114–182, § 19(m)(3)(B), sub- stituted ‘‘any rule or order’’ for ‘‘any rule’’. 1992—Subsec. (a)(1)(A). Pub. L. 102–550, § 1021(b)(8)(A), substituted ‘‘subchapter II or IV’’ for ‘‘subchapter II’’. Subsec. (a)(3)(B). Pub. L. 102–550, § 1021(b)(8)(B), in- serted before semicolon at end ‘‘and in the case of a rule under subchapter IV, the finding required for the issuance of such a rule’’. 1986—Subsec. (a)(1)(A). Pub. L. 99–519 inserted ref- erence to subchapter II of this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. § 2619. Citizens’ civil actions (a) In general Except as provided in subsection (b), any per- son may commence a civil action— (1) against any person (including (A) the United States, and (B) any other govern- mental instrumentality or agency to the ex- tent permitted by the eleventh amendment to the Constitution) who is alleged to be in viola- tion of this chapter or any rule promulgated under section 2603, 2604, or 2605 of this title, or subchapter II or IV, or order issued under sec- tion 2603 or 2604 of this title or subchapter II or IV to restrain such violation, or (2) against the Administrator to compel the Administrator to perform any act or duty under this chapter which is not discretionary. Any civil action under paragraph (1) shall be brought in the United States district court for the district in which the alleged violation oc- curred or in which the defendant resides or in which the defendant’s principal place of business is located. Any action brought under paragraph (2) shall be brought in the United States District Court for the District of Columbia, or the United States district court for the judicial dis- trict in which the plaintiff is domiciled. The dis- trict courts of the United States shall have ju- risdiction over suits brought under this section, without regard to the amount in controversy or the citizenship of the parties. In any civil action under this subsection process may be served on a defendant in any judicial district in which the defendant resides or may be found and sub- poenas for witnesses may be served in any judi- cial district.