42 U.S.C. § 6976 : US Code - Section 6976: Judicial review

Search 42 U.S.C. § 6976 : US Code - Section 6976: Judicial review

(a) Review of final regulations and certain petitions
Any judicial review of final regulations promulgated pursuant to
this chapter and the Administrator's denial of any petition for the
promulgation, amendment, or repeal of any regulation under this
chapter shall be in accordance with sections 701 through 706 of
title 5, except that -
(1) a petition for review of action of the Administrator in
promulgating any regulation, or requirement under this chapter or
denying any petition for the promulgation, amendment or repeal of
any regulation under this chapter may be filed only in the United
States Court of Appeals for the District of Columbia, and such
petition shall be filed within ninety days from the date of such
promulgation or denial, or after such date if such petition for
review is based solely on grounds arising after such ninetieth
day; action of the 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; and
(2) in any judicial proceeding brought under this section in
which review is sought of a determination under this chapter
required to be made on the record after notice and opportunity
for hearing, 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 that there were reasonable grounds for the failure to adduce
such evidence in the proceeding before the Administrator, the
court may order such additional evidence (and evidence in
rebuttal thereof) to be taken before the Administrator, and to be
adduced upon the hearing in such manner and upon such terms and
conditions as the court may deem proper; the 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.
(b) Review of certain actions under sections 6925 and 6926 of this
title
Review of the Administrator's action (1) in issuing, denying,
modifying, or revoking any permit under section 6925 of this title
(or in modifying or revoking any permit which is deemed to have
been issued under section 6935(d)(1) (!1) of this title), or (2) in
granting, denying, or withdrawing authorization or interim
authorization under section 6926 of this title, may be had by any
interested person in the Circuit Court of Appeals of the United
States for the Federal judicial district in which such person
resides or transacts such business upon application by such person.
Any such application shall be made within ninety days from the date
of such issuance, denial, modification, revocation, grant, or
withdrawal, or after such date only if such application is based
solely on grounds which arose after such ninetieth day. Action of
the 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. Such
review shall be in accordance with sections 701 through 706 of
title 5.