§ 719h. Judicial review

Statutory text

Exclusiveness of remedy

Notwithstanding any other provision of law, the actions of Federal officers or agencies taken pursuant to section 719g of this title, shall not be subject to judicial review except as provided in this section.

Limitations for filing claims

Claims alleging the invalidity of this chapter may be brought not later than the 60th day following the date a decision takes effect pursuant to section 719f of this title.

Claims alleging that an action will deny rights under the Constitution of the United States, or that an action is in excess of statutory jurisdiction, authority, or limitations, or short of statutory right may be brought not later than the 60th day following the date of such action, except that if a party shows that he did not know of the action complained of, and a reasonable person acting in the circumstances would not have known, he may bring a claim alleging the invalidity of such action on the grounds stated above not later than the 60th day following the date of his acquiring actual or constructive knowledge of such action.

Jurisdiction

Special Courts

In general

A claim under subsection (b) shall be barred unless a complaint is filed prior to the expiration of such time limits in the United States Court of Appeals for the District of Columbia acting as a Special Court.

Exclusive jurisdiction

The Special Court shall have exclusive jurisdiction to determine such proceeding in accordance with the procedures hereinafter provided, and no other court of the United States, or any State, territory, or possession of the United States, or of the District of Columbia, shall have jurisdiction of any such claim in any proceeding instituted prior to or on or after October 22, 1976.

Expedited consideration

The Special Court shall set any action brought under this section for expedited consideration, taking into account the national interest described in section 719 of this title.

Environmental impact statements

The enactment of a joint resolution under section 719f of this title approving the decision of the President shall be conclusive as to the legal and factual sufficiency of the environmental impact statements submitted by the President relative to the approved transportation system and no court shall have jurisdiction to consider questions respecting the sufficiency of such statements under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1976
Alaska Natural Gas Transportation Act of 1976
Pub. L. 94–586 § 10 · 90 Stat. 2903
Enacted · 15 U.S.C. § 719h
Pub. L. 94–586, § 10, Oct. 22, 1976, 90 Stat. 2913
Source evidence
Code source credit
Pub. L. 94–586, § 10, Oct. 22, 1976, 90 Stat. 2913
Enacted provision · exact public law section
Sec. 10. judicial review (a) Notwithstanding any other provision of law, the actions 15 USC 719h. of Federal officers or agencies taken pursuant to section 9 of this Act, shall not be subject to judicial review except as provided in this section. (b) (1) Claims alleging the invalidity of this Act may be brought not later than the 60th day following the date a decision takes effect pursuant to section 8 of this Act. (2) Claims alleging that an action will deny rights under the Constitution of the United States, or that an action is in excess of statutory jurisdiction, authority, or limitations, or short, of statutory right maybe brought not later than the 60th day following the date of such action, except that if a party shows that he did not know of the action complained of, and a reasonable person acting in the circumstances would not have known, he may bring a claim alleging the invalidity of such action on the grounds stated above not later than the 60th day-following the date of his acquiring actual or constructive knowledge of such action. (c) (1) A claim under subsection (b) shall be barred unless a complaint is filed prior to the expiration of such time limits in the United States Court of Appeals for the District of Columbia acting as a Special Court. Such court shall have exclusive jurisdiction to determine such proceeding in accordance with the procedures hereinafter provided, and no other court of the United States, of any State, territory, or possession of the United States, or of the District of Columbia, shall have jurisdiction of any such claim in any proceeding instituted prior to or on or after the date of enactment of this Act. (2) Any such proceeding shall be assigned for hearing and completed at the earliest possible date, shall, to the greatest extent practicable, take precedence over all other matters pending on the docket of the court at that time, and shall be expedited in every way by such court and such court shall render its decision relative to any claim within 90 days from the date such claim is brought unless such court determines that a longer period of time is required to satisfy USC prec. title I. requirements of the United States Constitution. (3) The enactment of a joint resolution under section 8 approving the decision of the President shall be conclusive as to the legal and factual sufficiency of the environmental impact statements submitted by the President relative to the approved transportation system and no court shall have jurisdiction to consider questions respecting the sufficiency of such statements under the National Environmental 42 USC 4321 note. Policy Act of 1969.
1984
Pub. L. 98–620 title IV § 402(16) · 98 Stat. 3335
Struck · 15 U.S.C. § 719h(c)(2)
Pub. L. 98–620 struck out par. (2) which required that any such proceeding had to be assigned for hearing and completed at the earliest possible date, would, to the greatest extent practicable, take precedence over all other matters pending on the docket of the court at that time, and had to be expedited in every way by such court and such court had to render its decision relative to any claim within 90 days from the date such claim was brought unless such court determined that a longer period of time was required to satisfy requirements of the United States Constitution
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 98–620 struck out par. (2) which required that any such proceeding had to be assigned for hearing and completed at the earliest possible date, would, to the greatest extent practicable, take precedence over all other matters pending on the docket of the court at that time, and had to be expedited in every way by such court and such court had to render its decision relative to any claim within 90 days from the date such claim was brought unless such court determined that a longer period of time was required to satisfy requirements of the United States Constitution.
Enacted provision · exact public law section
(16) Section 10(c)(2) of the Alaska Natural Gas Transportation Act (15 U.S.C. 719h(c)(2)) is repealed.
Effective date note
Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.
2004
Military Construction Appropriations Act, 2005
Pub. L. 108–324 § 107(d)(1) · 118 Stat. 1220
Inserted · 15 U.S.C. § 719h(c)
Pub. L. 108–324, § 107(d)(1), inserted heading
Source evidence
Code amendment note
Subsec. (c). Pub. L. 108–324, § 107(d)(1), inserted heading.
Enacted provision · exact public law section
Sec. 107. None of the funds made available in this Act for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress.
2004
Military Construction Appropriations Act, 2005
Pub. L. 108–324 § 107(d)(1) · 118 Stat. 1220
1. Amended · 15 U.S.C. § 719h(c)(1)
  Pub. L. 108–324, § 107(d)(1), (2), designated first sentence as subpar. (A)
2. Inserted · 15 U.S.C. § 719h(c)(1)
  Pub. L. 108–324, § 107(d)(1), (2), inserted par. and subpar. headings
3. Amended · 15 U.S.C. § 719h(c)(1)
  Pub. L. 108–324, § 107(d)(1), (2), designated last sentence as subpar. (B)
4. Inserted · 15 U.S.C. § 719h(c)(1)
  Pub. L. 108–324, § 107(d)(1), (2), inserted subpar. heading
5. Substituted · 15 U.S.C. § 719h(c)(1)
  Pub. L. 108–324, § 107(d)(1), (2), substituted “The Special Court shall have” for “Such court shall have”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 108–324, § 107(d)(1), (2), designated first sentence as subpar. (A) and inserted par. and subpar. headings and designated last sentence as subpar. (B), inserted subpar. heading, and substituted “The Special Court shall have” for “Such court shall have”.
Enacted provision · exact public law section
Sec. 107. None of the funds made available in this Act for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress.
2004
Military Construction Appropriations Act, 2005
Pub. L. 108–324 § 107(d)(3) · 118 Stat. 1220
Added · 15 U.S.C. § 719h(c)(2)
Pub. L. 108–324, § 107(d)(3), added par. (2)
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 108–324, § 107(d)(3), added par. (2).
Enacted provision · exact public law section
Sec. 107. None of the funds made available in this Act for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress.
2004
Military Construction Appropriations Act, 2005
Pub. L. 108–324 § 107(d)(4) · 118 Stat. 1220
Inserted · 15 U.S.C. § 719h(c)(3)
Pub. L. 108–324, § 107(d)(4), inserted heading
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 108–324, § 107(d)(4), inserted heading.
Enacted provision · exact public law section
Sec. 107. None of the funds made available in this Act for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress.

10 of 10 references resolved to an enrolled provision

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (c)(3), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments1984–2004 · 2 rounds

2004

Subsec. (c). Pub. L. 108–324, § 107(d)(1), inserted heading.

Subsec. (c)(1). Pub. L. 108–324, § 107(d)(1), (2), designated first sentence as subpar. (A) and inserted par. and subpar. headings and designated last sentence as subpar. (B), inserted subpar. heading, and substituted “The Special Court shall have” for “Such court shall have”.

Subsec. (c)(2). Pub. L. 108–324, § 107(d)(3), added par. (2).

Subsec. (c)(3). Pub. L. 108–324, § 107(d)(4), inserted heading.

1984

Subsec. (c)(2). Pub. L. 98–620 struck out par. (2) which required that any such proceeding had to be assigned for hearing and completed at the earliest possible date, would, to the greatest extent practicable, take precedence over all other matters pending on the docket of the court at that time, and had to be expedited in every way by such court and such court had to render its decision relative to any claim within 90 days from the date such claim was brought unless such court determined that a longer period of time was required to satisfy requirements of the United States Constitution.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.

Executive Documents

Transfer of Functions

Enforcement functions authorized by, and supplemental enforcement authority created by this chapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out under section 719e of this title. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of this title. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of this title.

Credits

1976–2004 · 3 acts

1976Pub. L. 94–586, § 10, Oct. 22, 1976, 90 Stat. 2913
1984Pub. L. 98–620, title IV, § 402(16), Nov. 8, 1984, 98 Stat. 3358
2004Pub. L. 108–324, div. C, § 107(d), Oct. 13, 2004, 118 Stat. 1261.

Show as published

(Pub. L. 94–586, § 10, Oct. 22, 1976, 90 Stat. 2913; Pub. L. 98–620, title IV, § 402(16), Nov. 8, 1984, 98 Stat. 3358; Pub. L. 108–324, div. C, § 107(d), Oct. 13, 2004, 118 Stat. 1261.)