49 U.S.C. § 32909 : US Code - Section 32909: Judicial review of regulations

Search 49 U.S.C. § 32909 : US Code - Section 32909: Judicial review of regulations

(a) Filing and Venue. - (1) A person that may be adversely
affected by a regulation prescribed in carrying out any of sections
32901-32904 or 32908 of this title may apply for review of the
regulation by filing a petition for review in the United States
Court of Appeals for the District of Columbia Circuit or in the
court of appeals of the United States for the circuit in which the
person resides or has its principal place of business.
(2) A person adversely affected by a regulation prescribed under
section 32912(c)(1) of this title may apply for review of the
regulation by filing a petition for review in the court of appeals
of the United States for the circuit in which the person resides or
has its principal place of business.
(b) Time for Filing and Judicial Procedures. - The petition must
be filed not later than 59 days after the regulation is prescribed,
except that a petition for review of a regulation prescribing an
amendment of a standard submitted to Congress under section
32902(c)(2) of this title must be filed not later than 59 days
after the end of the 60-day period referred to in section
32902(c)(2). The clerk of the court shall send immediately a copy
of the petition to the Secretary of Transportation or the
Administrator of the Environmental Protection Agency, whoever
prescribed the regulation. The Secretary or the Administrator shall
file with the court a record of the proceeding in which the
regulation was prescribed.
(c) Additional Proceedings. - (1) When reviewing a regulation
under subsection (a)(1) of this section, the court, on request of
the petitioner, may order the Secretary or the Administrator to
receive additional submissions if the court is satisfied the
additional submissions are material and there were reasonable
grounds for not presenting the submissions in the proceeding before
the Secretary or Administrator.
(2) The Secretary or the Administrator may amend or set aside the
regulation, or prescribe a new regulation because of the additional
submissions presented. The Secretary or Administrator shall file an
amended or new regulation and the additional submissions with the
court. The court shall review a changed or new regulation.
(d) Supreme Court Review and Additional Remedies. - A judgment of
a court under this section may be reviewed only by the Supreme
Court under section 1254 of title 28. A remedy under subsections
(a)(1) and (c) of this section is in addition to any other remedies
provided by law.