15 U.S.C. § 2060 : US Code - Section 2060: Judicial review of consumer product safety rules

Search 15 U.S.C. § 2060 : US Code - Section 2060: Judicial review of consumer product safety rules

(a) Petition by persons adversely affected, consumers, or consumer
organizations
Not later than 60 days after a consumer product safety rule is
promulgated by the Commission, any person adversely affected by
such rule, or any consumer or consumer organization, may file a
petition with the United States court of appeals for the District
of Columbia, or for the circuit in which such person, consumer, or
organization resides or has his principal place of business for
judicial review of such rule. Copies of the petition shall be
forthwith transmitted by the clerk of the court to the Commission
or other officer designated by it for that purpose and to the
Attorney General. The record of the proceedings on which the
Commission based its rule shall be filed in the court as provided
for in section 2112 of title 28. For purposes of this section, the
term "record" means such consumer product safety rule; any notice
or proposal published pursuant to section 2056, 2057, or 2058 of
this title; the transcript required by section 2058(d)(2) of this
title of any oral presentation; any written submission of
interested parties; and any other information which the Commission
considers relevant to such rule.
(b) Additional data, views, or arguments
If the petitioner applies to the court for leave to adduce
additional data, views, or arguments and shows to the satisfaction
of the court that such additional data, views, or arguments are
material and that there were reasonable grounds for the
petitioner's failure to adduce such data, views, or arguments in
the proceeding before the Commission, the court may order the
Commission to provide additional opportunity for the oral
presentation of data, views, or arguments and for written
submissions. The Commission may modify its findings, or make new
findings by reason of the additional data, views, or arguments so
taken and shall file such modified or new findings, and its
recommendation, if any, for the modification or setting aside of
its original rule, with the return of such additional data, views,
or arguments.
(c) Jurisdiction; costs and attorneys' fees; substantial evidence
to support administrative findings
Upon the filing of the petition under subsection (a) of this
section the court shall have jurisdiction to review the consumer
product safety rule in accordance with chapter 7 of title 5, and to
grant appropriate relief, including interim relief, as provided in
such chapter. A court may in the interest of justice include in
such relief an award of the costs of suit, including reasonable
attorneys' fees (determined in accordance with subsection (f) of
this section (!1) and reasonable expert witnesses' fees. Attorneys'
fees may be awarded against the United States (or any agency or
official of the United States) without regard to section 2412 of
title 28 or any other provision of law. The consumer product safety
rule shall not be affirmed unless the Commission's findings under
sections 2058(f)(1) and 2058(f)(3) of this title are supported by
substantial evidence on the record taken as a whole.
(d) Supreme Court review
The judgment of the court affirming or setting aside, in whole or
in part, any consumer product safety rule shall be final, subject
to review by the Supreme Court of the United States upon certiorari
or certification, as provided in section 1254 of title 28.
(e) Other remedies
The remedies provided for in this section shall be in addition to
and not in lieu of any other remedies provided by law.
(f) Computation of reasonable fee for attorney
For purposes of this section and sections 2072(a) and 2073 of
this title, a reasonable attorney's fee is a fee (1) which is based
upon (A) the actual time expended by an attorney in providing
advice and other legal services in connection with representing a
person in an action brought under this section, and (B) such
reasonable expenses as may be incurred by the attorney in the
provision of such services, and (2) which is computed at the rate
prevailing for the provision of similar services with respect to
actions brought in the court which is awarding such fee.