Title 43 — Public Lands
Chapter 38 — Crude Oil Transportation Systems
§ 2011. Judicial review
Statutory text
Notice
The President or any other Federal officer shall cause notice to be published in the Federal Register and in newspapers of general circulation in the areas affected whenever he makes any decision described in subsection (b).
Review of certain Federal actions
Any action seeking judicial review of an action or decision of the President or any other Federal officer taken or made after , concerning the approval or disapproval of a crude oil transportation system or the issuance of necessary rights-of-way, permits, leases, and other authorizations for the construction, operation, and maintenance of the Long Beach-Midland project or a crude oil transportation system approved under section 2007(a) of this title may only be brought within 60 days after the date on which notification of the action or decision of such officer is published in the Federal Register, or in newspapers of general circulation in the areas affected, whichever is later.
Jurisdiction of courts
An action under subsection (b) shall be barred unless a petition is filed within the time specified. Any such petition shall be filed in the appropriate United States district court. A copy of such petition shall be transmitted by the clerk of such court to the Secretary. Notwithstanding the amount in controversy, such court shall have jurisdiction to determine such proceeding in accordance with the procedures hereinafter provided and to provide appropriate relief. No State or local court shall have jurisdiction of any such claim whether in a proceeding instituted before, on, or after the date this chapter becomes effective. No court shall have jurisdiction to grant any injunctive relief against the issuance of any right-of-way, permit, lease, or other authorization in connection with a crude oil transportation system approved under section 2007(a) of this title or the Long Beach-Midland project, except as part of a final judgment entered in a case involving a claim filed pursuant to this section.
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.
Public Utility Regulatory Policies Act of 1978
Pub. L. 95–617 title V § 511 · 92 Stat. 3117
Enacted · 43 U.S.C. § 2011
Pub. L. 95–617, title V, § 511, Nov. 9, 1978, 92 Stat. 3163
Source evidence
Code source credit
Pub. L. 95–617, title V, § 511, Nov. 9, 1978, 92 Stat. 3163Enacted provision · exact public law section
SEC. 511. JUDICIAL REVIEW. (a) Notice.— The President or any other Federal officer shall cause notice to be published in the Federal Register and in newspapers of general circulation in the areas affected whenever he makes any decision described in subsection (b). (b) Review of Certain Federal Actions.— Any action seeking judicial review of an action or decision of the President or any other Federal officer taken or made after the date of the enactment of this Act concerning the approval or disapproval of a crude oil transportation system or the issuance of necessary rights-of-way, permits, leases, and other authorizations for the construction, operation, and maintenance of the Long Beach-Midland project or a crude oil transportation system approved under section 507(a) may only be brought within 60 days after the date on which notification of the action or decision of such officer is published in the Federal Register, or in newspapers of general circulation in the areas affected, whichever is later. (c) Jurisdiction of Courts.— An action under subsection (b) shall be, barred unless a petition is filed within the time specified. Any such petition shall be filed in the appropriate United States district court. A copy of such petition shall be transmitted by the clerk of such court to the Secretary. Notwithstanding the amount in controversy, such court shall have jurisdiction to determine such proceeding in accordance with the procedures hereinafter provided and to provide appropriate relief. No State or local court shall have jurisdiction of any such claim whether in a proceeding instituted before, on, or after the date this title becomes effective. Any such proceeding shall be assigned for hearing at the earliest possible date and shall be expedited by such court. No court shall have jurisdiction to grant any injunctive relief against the issuance of any right-of-way, permit, lease, or other authorization in connection with a crude oil transportation system approved under section 507(a) or the Long Beach-Midland project, except as part of a final judgment entered in a case involving a claim filed pursuant to this section.Pub. L. 98–620 title IV § 402(45) · 98 Stat. 3335
Struck · 43 U.S.C. § 2011(c)
Pub. L. 98–620 struck out provision that any such proceeding had to be assigned for hearing at the earliest possible date and had to be expedited by the court
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–620 struck out provision that any such proceeding had to be assigned for hearing at the earliest possible date and had to be expedited by the court.Enacted provision · exact public law section
(45) Section 511(c) of the Public Utilities Regulatory Policies Act of 1978 (43 U.S.C. 2011(c)) is amended by striking out “Any such proceeding shall be assigned for hearing at the earliest possible date and shall be expedited by such court.”.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 a note under section 1657 of Title 28, Judiciary and Judicial Procedure.
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
The date this chapter becomes effective, referred to in subsec. (c), means the date of enactment of title V of Pub. L. 95–617, which was approved .
Amendments
1984—Subsec. (c). Pub. L. 98–620 struck out provision that any such proceeding had to be assigned for hearing at the earliest possible date and had to be expedited by the court.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–620 not applicable to cases pending on , see section 403 of Pub. L. 98–620, set out as a note under section 1657 of Title 28, Judiciary and Judicial Procedure.
Definitions
The definition of “State” in section 2602 of Title 16, Conservation, applies to this section.
Credits
1978–1984 · 2 acts
- 1978Pub. L. 95–617, title V, § 511, , 92 Stat. 3163
- 1984Pub. L. 98–620, title IV, § 402(45), , 98 Stat. 3360.
Show as published
(Pub. L. 95–617, title V, § 511, , 92 Stat. 3163; Pub. L. 98–620, title IV, § 402(45), , 98 Stat. 3360.)