§ 6869. Judicial review of final action by Secretary on application

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.

1. 1976

   Energy Conservation in Existing Buildings Act of 1976

   Pub. L. 94–385 title IV § 419 · 90 Stat. 1125

   Enacted · 42 U.S.C. § 6869

   Pub. L. 94–385, title IV, § 419, Aug. 14, 1976, 90 Stat. 1157

   Source evidence

   Code source credit
   Pub. L. 94–385, title IV, § 419, Aug. 14, 1976, 90 Stat. 1157

   Enacted provision · exact public law section
   Sec. 419. judicial review (a) If any applicant is dissatisfied with the Administrator’s 42 USC 6869. final action with respect to the application submitted by it under section 414 or with a final action under section 418, such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the State involved is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administrator. The Administrator thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. (b) The findings of fact by the Administrator, if supported by substantial evidence, shall be conclusive. The court may, for good cause shown, remand the case to the Administrator to take further evidence, and the Administrator may thereupon make new or modified findings of fact and may modify his previous action. The Administrator shall certify to the court the record of any such further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (c) The court shall have jurisdiction to affirm the action of the Administrator or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28, United States Code.

2. 1980

   Energy Security Act

   Pub. L. 96–294 title V § 577(2) · 94 Stat. 611

   1. Substituted · 42 U.S.C. § 6869(a)(c)

      Pub. L. 96–294 substituted “Secretary” for “Administrator”

   2. Substituted · 42 U.S.C. § 6869(a)(c)

      Pub. L. 96–294 substituted “Secretary’s” for “Administrator’s”

   Source evidence

   Code amendment note
   Subsecs. (a) to (c). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing, and “Secretary’s” for “Administrator’s”.

   Enacted provision · exact public law section
   (2) by striking out “Administrator” each time it appears therein and inserting in lieu thereof “Secretary”; and

3 of 3 references resolved to an enrolled provision