42 U.S.C. § 4915 : US Code - Section 4915: Judicial review

Search 42 U.S.C. § 4915 : US Code - Section 4915: Judicial review

(a) Petition for review
A petition for review of action of the Administrator of the
Environmental Protection Agency in promulgating any standard or
regulation under sections 4905, 4916, or 4917 of this title or any
labeling regulation under section 4907 of this title may be filed
only in the United States Court of Appeals for the District of
Columbia Circuit, and a petition for review of action of the
Administrator of the Federal Aviation Administration in
promulgating any standard or regulation under section 44715 of
title 49 may be filed only in such court. Any such petition shall
be filed within ninety days from the date of such promulgation, or
after such date if such petition is based solely on grounds arising
after such ninetieth day. Action of either Administrator with
respect to which review could have been obtained under this
subsection shall not be subject to judicial review in civil or
criminal proceedings for enforcement.
(b) Additional evidence
If a party seeking review under this chapter applies to the court
for leave to adduce additional evidence, and shows to the
satisfaction of the court that the information is material and was
not available at the time of the proceeding before the
Administrator of such Agency or Administration (as the case may
be), the court may order such additional evidence (and evidence in
rebuttal thereof) to be taken before such Administrator, and to be
adduced upon the hearing, in such manner and upon such terms and
conditions as the court may deem proper. Such Administrator may
modify his findings as to the facts, or make new findings, by
reason of the additional evidence so taken, and he shall file with
the court such modified or new findings, and his recommendation, if
any, for the modification or setting aside of his original order,
with the return of such additional evidence.
(c) Stay of agency action
With respect to relief pending review of an action by either
Administrator, no stay of an agency action may be granted unless
the reviewing court determines that the party seeking such stay is
(1) likely to prevail on the merits in the review proceeding and
(2) will suffer irreparable harm pending such proceeding.
(d) Subpenas
For the purpose of obtaining information to carry out this
chapter, the Administrator of the Environmental Protection Agency
may issue subpenas for the attendance and testimony of witnesses
and the production of relevant papers, books, and documents, and he
may administer oaths. Witnesses summoned shall be paid the same
fees and mileage that are paid witnesses in the courts of the
United States. In cases of contumacy or refusal to obey a subpena
served upon any person under this subsection, the district court of
the United States for any district in which such person is found or
resides or transacts business, upon application by the United
States and after notice to such person, shall have jurisdiction to
issue an order requiring such person to appear and give testimony
before the Administrator, to appear and produce papers, books, and
documents before the Administrator, or both, and any failure to
obey such order of the court may be punished by such court as a
contempt thereof.