§ 8514. Judicial review

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. 1979

   Emergency Energy Conservation Act of 1979

   Pub. L. 96–102 title II § 214 · 93 Stat. 749

   Enacted · 42 U.S.C. § 8514

   Pub. L. 96–102, title II, § 214, Nov. 5, 1979, 93 Stat. 764

   Source evidence

   Code source credit
   Pub. L. 96–102, title II, § 214, Nov. 5, 1979, 93 Stat. 764

   Enacted provision · exact public law section
   SEC. 214. JUDICIAL REVIEW. (a) State Actions.— (1) Any State may institute an action in the appropriate district court of the United States, including actions for declaratory judgment, for judicial review of— (A) any target established by the President under section 211(a); (B) any finding by the President under section 213(b)(1)(A), relating to the achievement of the emergency energy conservation target of such State, or 213(b)(2), relating to the achievement of the emergency energy conservation target of such State or the failure to carry out the assurances regarding implementation contained in an approved plan of such State; or (C) any determination by the Secretary disapproving a State plan under section 212(c), including any determination by the Secretary under section 212(c)(1)(B) that the plan is likely to impose an unreasonably disproportionate share of the burden of restrictions of energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof. Such action shall be barred unless it is instituted within 30 calendar days after the date of publication of the establishment of a target referred to in subparagraph (A), the finding by the President referred to in subparagraph (B), or the determination by the Secretary referred to in subparagraph (C), as the case may be. (2) The district court shall determine the questions of law and upon such determination certify such questions immediately to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc. (3) Any decision by such court of appeals on a matter certified under paragraph (2) shall be reviewable by the Supreme Court upon attainment of a writ of certiorari. Any petition for such a writ shall be filed no later than 20 days after the decision of the court of appeals. (b) Court of Appeals Docket.— It shall be the duty of the court of appeals to advance on the docket and to expedite to the greatest possible extent the disposition of any matter certified under subsection (a)(2). (c) Injunctive Relief.— With respect to judicial review under subsection (a)(1)(A), the court shall not have jurisdiction to grant any injunctive relief except in conjunction with a final judgment entered in the case.

2. 1984

   Pub. L. 98–620 title IV § 402(42) · 98 Stat. 3335

   Struck · 42 U.S.C. § 8514(b)

   Pub. L. 98–620 struck out subsec. (b) which required the court of appeals to advance on the docket and to expedite to the greatest possible extent the disposition of any matter certified under subsec. (a)(2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–620 struck out subsec. (b) which required the court of appeals to advance on the docket and to expedite to the greatest possible extent the disposition of any matter certified under subsec. (a)(2).

   Enacted provision · exact public law section
   (42) Section 214(b) of the Emergency Energy Conservation Act of 1979 (42 U.S.C. 8514(b)) 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.

2 of 2 references resolved to an enrolled provision