Title 16 — Conservation
Chapter 84 — Healthy Forest Restoration
§ 6516. Judicial review in United States district courts
Statutory text
Venue
Notwithstanding section 1391 of title 28 or other applicable law, an authorized hazardous fuels reduction project conducted under this subchapter shall be subject to judicial review only in the United States district court for a district in which the Federal land to be treated under the authorized hazardous fuels reduction project is located.
Expeditious completion of judicial review
In the judicial review of an action challenging an authorized hazardous fuel reduction project under subsection (a), Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in the action with the goal of rendering a final determination on jurisdiction, and (if jurisdiction exists) a final determination on the merits, as soon as practicable after the date on which a complaint or appeal is filed to initiate the action.
Injunctions
In general
Subject to paragraph (2), the length of any preliminary injunctive relief and stays pending appeal covering an authorized hazardous fuel reduction project carried out under this subchapter shall not exceed 60 days.
Renewal
In general
A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under paragraph (1).
Updates
In each renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized hazardous fuel reduction project.
Balancing of short- and long-term effects
As part of its weighing the equities while considering any request for an injunction that applies to an agency action under an authorized hazardous fuel reduction project, the court reviewing the project shall balance the impact to the ecosystem likely affected by the project of—
the short- and long-term effects of undertaking the agency action; against
the short- and long-term effects of not undertaking the agency action.
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.
Pub. L. 108–148 title I § 106 · 117 Stat. 1887
Enacted · 16 U.S.C. § 6516
(Pub. L. 108–148, title I, § 106, Dec. 3, 2003, 117 Stat. 1900.)
Source evidence
Code source credit
(Pub. L. 108–148, title I, § 106, Dec. 3, 2003, 117 Stat. 1900.)Enacted provision · exact public law section
SEC. 106. JUDICIAL REVIEW IN UNITED STATES DISTRICT COURTS. (a) Venue.— Notwithstanding section 1391 of title 28, United States Code, or other applicable law, an authorized hazardous fuels reduction project conducted under this title shall be subject to judicial review only in the United States district court for a district in which the Federal land to be treated under the authorized hazardous fuels reduction project is located. (b) Expeditious Completion of Judicial Review.— In the judicial review of an action challenging an authorized hazardous fuel reduction project under subsection (a), Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in the action with the goal of rendering a final determination on jurisdiction, and (if jurisdiction exists) a final determination on the merits, as soon as practicable after the date on which a complaint or appeal is filed to initiate the action. (c) Injunctions.— (1) In general.— Subject to paragraph (2), the length of any preliminary injunctive relief and stays pending appeal covering an authorized hazardous fuel reduction project carried out under this title shall not exceed 60 days. (2) Renewal.— (A) In general.— A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under paragraph (1). (B) Updates.— In each renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized hazardous fuel reduction project. (3) Balancing of short- and long-term effects.— As part of its weighing the equities while considering any request for an injunction that applies to an agency action under an authorized hazardous fuel reduction project, the court reviewing the project shall balance the impact to the ecosystem likely affected by the project of— (A) the short- and long-term effects of undertaking the agency action; against (B) the short- and long-term effects of not undertaking the agency action.
1 of 1 references resolved to an enrolled provision