42 U.S.C. § 8514 : US Code - Section 8514: Judicial review
Search 42 U.S.C. § 8514 : US Code - Section 8514: Judicial review
(a) State actions
(1) Any State may institute an action in the appropriate district
court of the United States, including actions for declaratory
judgment, for judicial review of -
(A) any target established by the President under section
8511(a) of this title;
(B) any finding by the President under section 8513(b)(1)(A) of
this title, relating to the achievement of the emergency energy
conservation target of such State, or 8513(b)(2) of this title,
relating to the achievement of the emergency energy conservation
target of such State or the failure to carry out the assurances
regarding implementation contained in an approved plan of such
State; or
(C) any determination by the Secretary disapproving a State
plan under section 8512(c) of this title, including any
determination by the Secretary under section 8512(c)(1)(B) of
this title that the plan is likely to impose an unreasonably
disproportionate share of the burden of restrictions of energy
use on any specific class of industry, business, or commercial
enterprise, or any individual segment thereof.
Such action shall be barred unless it is instituted within 30
calendar days after the date of publication of the establishment of
a target referred to in subparagraph (A), the finding by the
President referred to in subparagraph (B), or the determination by
the Secretary referred to in subparagraph (C), as the case may be.
(2) The district court shall determine the questions of law and
upon such determination certify such questions immediately to the
United States court of appeals for the circuit involved, which
shall hear the matter sitting en banc.
(3) Any decision by such court of appeals on a matter certified
under paragraph (2) shall be reviewable by the Supreme Court upon
attainment of a writ of certiorari. Any petition for such a writ
shall be filed no later than 20 days after the decision of the
court of appeals.
(b) Repealed. Pub. L. 98-620, title IV, Sec. 402(42), Nov. 8, 1984,
98 Stat. 3360
(c) Injunctive relief
With respect to judicial review under subsection (a)(1)(A) of
this section, the court shall not have jurisdiction to grant any
injunctive relief except in conjunction with a final judgment
entered in the case.
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