28 U.S.C. § 3902 : US Code - Section 3902: Judicial review of regulations

Search 28 U.S.C. § 3902 : US Code - Section 3902: Judicial review of regulations

In any proceeding under section 1296 or 1346(g) of this title in
which the application of a regulation issued under chapter 5 of
title 3 is at issue, the court may review the validity of the
regulation in accordance with the provisions of subparagraphs (A)
through (D) of section 706(2) of title 5. If the court determines
that the regulation is invalid, the court shall apply, to the
extent necessary and appropriate, the most relevant substantive
executive agency regulation promulgated to implement the statutory
provisions with respect to which the invalid regulation was issued.
Except as provided in this section, the validity of regulations
issued under this chapter is not subject to judicial review.