Title 28 — Judiciary and Judicial Procedure
Part VI · Chapter 157 — Surface Transportation Board Orders; Enforcement and Review
§ 2323. Duties of Attorney General; intervenors
Statutory text
The Attorney General shall represent the Government in the actions specified in section 2321 of this title and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49.
The Surface Transportation Board and any party or parties in interest to the proceeding before the Board, in which an order or requirement is made, may appear as parties of their own motion and as of right, and be represented by their counsel, in any action involving the validity of such order or requirement or any part thereof, and the interest of such party.
Communities, associations, corporations, firms, and individuals interested in the controversy or question before the Board, or in any action commenced under the aforesaid sections may intervene in said action at any time after commencement thereof.
The Attorney General shall not dispose of or discontinue said action or proceeding over the objection of such party or intervenor, who may prosecute, defend, or continue said action or proceeding unaffected by the action or nonaction of the Attorney General therein.
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.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 2323
June 25, 1948, ch. 646, 62 Stat. 970
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 970Pub. L. 93–584 § 6 · 88 Stat. 1917
Struck · 28 U.S.C. § 2323
Pub. L. 93–584 struck out reference to the district courts and the Supreme Court of the United States upon appeal from the district courts as the courts in which the Attorney General can represent the United States in first par
Source evidence
Code amendment note
Pub. L. 93–584 struck out reference to the district courts and the Supreme Court of the United States upon appeal from the district courts as the courts in which the Attorney General can represent the United States in first par.Enacted provision · exact public law section
Sec. 6. The first paragraph of section 2323 of title 28, United States Code, is amended to read as follows: “The Attorney General shall represent the Government in the actions specified in section 2321 of this title and in actions under Supra. section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43).” Ante, p. 1709. Repeals.Pub. L. 95–473 § 2(a)(3)(C) · 92 Stat. 1337
Substituted · 28 U.S.C. § 2323
Pub. L. 95–473 substituted “enforcement actions and actions to collect civil penalties under subtitle IV of title 49” for “actions under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)” in first par
Source evidence
Code amendment note
Pub. L. 95–473 substituted “enforcement actions and actions to collect civil penalties under subtitle IV of title 49” for “actions under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)” in first par.Enacted provision · exact public law section
(C) by striking out of section 2323 “actions under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)” and substituting “enforcement actions and actions to collect civil penalties under subtitle IV of title 49”.ICC Termination Act of 1995
Pub. L. 104–88 title III § 305(c)(1)(C) · 109 Stat. 803
Substituted · 28 U.S.C. § 2323
Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission”
Substituted · 28 U.S.C. § 2323
Pub. L. 104–88 substituted “the Board” for “the Commission” in two places
Source evidence
Code amendment note
Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission” and substituted “the Board” for “the Commission” in two places.Enacted provision · exact public law section
(C) by striking “Interstate Commerce Commission” 28 USC 2321, 2323. each place it appears and inserting in lieu thereof “Surface Transportation Board”;Effective date note
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
4 of 5 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., § 45a (Mar. 3, 1911, ch. 231, §§ 212, 213, 36 Stat. 1150, 1151; Oct. 22, 1913, ch. 32, 38 Stat. 220).
The provision in the second sentence of section 45a of title 28, U.S.C., 1940 ed., authorizing the Attorney General to employ and compensate special attorneys was omitted as covered by sections 503 and 508 [now 543 and 548] of this title. The provision in the same sentence authorizing the court to make rules for the conduct and procedure of actions under this section were omitted as covered by the Federal Rules of Civil Procedure and section 2071 of this title relating to authority of district courts to promulgate local rules of procedure.
The last paragraph of section 45a of title 28, U.S.C., 1940 ed., was omitted as merely repetitive of the language immediately following the first proviso.
Word “action” was substituted for “suit” in conformity with Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
1949 Act
This section corrects, in section 2323 of title 28, U.S.C., the reference to certain sections in title 49, U.S.C. The provisions which were formerly set out as section 49 of such title 49 are now set out as section 23 of such title.
Editorial Notes
Amendments1949–1995 · 4 rounds
1995
Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission” and substituted “the Board” for “the Commission” in two places.
1978
Pub. L. 95–473 substituted “enforcement actions and actions to collect civil penalties under subtitle IV of title 49” for “actions under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)” in first par.
1975
Pub. L. 93–584 struck out reference to the district courts and the Supreme Court of the United States upon appeal from the district courts as the courts in which the Attorney General can represent the United States in first par.
1949
Act , substituted “20, 23, and 43” for “20, 43, and 49” in first par.
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–88 effective , see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93–584 not applicable to actions commenced on or before last day of first month beginning after , and actions to enjoin or suspend orders of Interstate Commerce Commission which are pending when this amendment becomes effective shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced, see section 10 of Pub. L. 93–584, set out as a note under section 2321 of this title.
Credits
1948–1995 · 5 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 970
- 1949May 24, 1949, ch. 139, § 116, 63 Stat. 105
- 1975Pub. L. 93–584, § 6, , 88 Stat. 1917
- 1978Pub. L. 95–473, § 2(a)(3)(C), , 92 Stat. 1465
- 1995Pub. L. 104–88, title III, § 305(c)(1)(C), (D), , 109 Stat. 945.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 970; May 24, 1949, ch. 139, § 116, 63 Stat. 105; Pub. L. 93–584, § 6, , 88 Stat. 1917; Pub. L. 95–473, § 2(a)(3)(C), , 92 Stat. 1465; Pub. L. 104–88, title III, § 305(c)(1)(C), (D), , 109 Stat. 945.)