16 U.S.C. § 2633 : US Code - Section 2633: Judicial review and enforcement

Search 16 U.S.C. § 2633 : US Code - Section 2633: Judicial review and enforcement

(a) Limitation of Federal jurisdiction
Notwithstanding any other provision of law, no court of the
United States shall have jurisdiction over any action arising under
any provision of subchapter I or II of this chapter or of this
subchapter except for -
(1) an action over which a court of the United States has
jurisdiction under subsection (b) or (c)(2) of this section; and
(2) review of any action in the Supreme Court of the United
States in accordance with sections 1257 and 1258 of title 28.
(b) Enforcement of intervention right
(1) The Secretary may bring an action in any appropriate court of
the United States to enforce his right to intervene and participate
under section 2631(a) of this title, and such court shall have
jurisdiction to grant appropriate relief.
(2) If any electric utility or electric consumer having a right
to intervene under section 2631(a) of this title is denied such
right by any State court, such electric utility or electric
consumer may bring an action in the appropriate United States
district court to require the State regulatory authority or
nonregulated electric utility to permit such intervention and
participation, and such court shall have jurisdiction to grant
appropriate relief.
(3) Nothing in this subsection prohibits any person bringing any
action under this subsection in a court of the United States from
seeking review and enforcement at any time in any State court of
any rights he may have with respect to any motion to intervene or
participate in any proceeding.
(c) Review and enforcement
(1) Any person (including the Secretary) may obtain review of any
determination made under subchapter I or II of this chapter or
under this subchapter with respect to any electric utility (other
than a utility which is a Federal agency) in the appropriate State
court if such person (or the Secretary) intervened or otherwise
participated in the original proceeding or if State law otherwise
permits such review. Any person (including the Secretary) may bring
an action to enforce the requirements of this chapter in the
appropriate State court, except that no such action may be brought
in a State court with respect to a utility which is a Federal
agency. Such review or action in a State court shall be pursuant to
any applicable State procedures.
(2) Any person (including the Secretary) may obtain review in the
appropriate court of the United States of any determination made
under subchapter I or II of this chapter or this subchapter by a
Federal agency if such person (or the Secretary) intervened or
otherwise participated in the original proceeding or if otherwise
applicable law permits such review. Such court shall have
jurisdiction to grant appropriate relief. Any person (including the
Secretary) may bring an action to enforce the requirements of
subchapter I or II of this chapter or this subchapter with respect
to any Federal agency in the appropriate court of the United States
and such court shall have jurisdiction to grant appropriate relief.
(3) In addition to his authority to obtain review under paragraph
(1) or (2), the Secretary may also participate as an amicus curiae
in any review by any court of an action arising under the
provisions of subchapter I or II of this chapter or this
subchapter.
(d) Other authority of Secretary
Nothing in this section prohibits the Secretary from -
(1) intervening and participating in any proceeding, or
(2) intervening and participating in any review by any court of
any action
under section 6804 of title 42.