49 U.S.C. § 5127 : US Code - Section 5127: Judicial review

Search 49 U.S.C. § 5127 : US Code - Section 5127: Judicial review

(a) Filing and Venue. - Except as provided in section 20114(c), a
person adversely affected or aggrieved by a final action of the
Secretary under this chapter may petition for review of the final
action in the United States Court of Appeals for the District of
Columbia or in the court of appeals for the United States for the
circuit in which the person resides or has its principal place of
business. The petition must be filed not more than 60 days after
the Secretary's action becomes final.
(b) Judicial Procedures. - When a petition is filed under
subsection (a), the clerk of the court immediately shall send a
copy of the petition to the Secretary. The Secretary shall file
with the court a record of any proceeding in which the final action
was issued, as provided in section 2112 of title 28.
(c) Authority of Court. - The court has exclusive jurisdiction,
as provided in subchapter II of chapter 5 of title 5, to affirm or
set aside any part of the Secretary's final action and may order
the Secretary to conduct further proceedings.
(d) Requirement for Prior Objection. - In reviewing a final
action under this section, the court may consider an objection to a
final action of the Secretary only if the objection was made in the
course of a proceeding or review conducted by the Secretary or if
there was a reasonable ground for not making the objection in the
proceeding.