MapOfficialsCommitteesNominationsHoldsStocksLiveUS Code
Open search page
Congress.wiki Alpha
AboutHow Congress WorksSupport UsRoadmapPrivacy PolicyTerms of Service

This is not an official government website.

Copyright © 2026 PLEJ LC. All rights reserved.

US CodeTitle 42Chapter 92§ 8412

§ 8412

Judicial review

42 U.S.C. § 8412.
3 min read
Subchapter: ADMINISTRATION AND ENFORCEMENT
((a)) ** Publication and delay of prohibition or exemption to allow for review** Any final rule or order prescribed by the Secretary imposing a prohibition or granting an exemption (or permit) under this chapter shall be published in the Federal Register, and shall not take effect earlier than the 60th calendar day after such rule or order is published. ((b)) ** Publication of denial of exemption or permit** Any final order issued by the Secretary denying any petition for an exemption or a permit under this chapter shall be published in the Federal Register, together with the reasons for such action. ((c)) ** Judicial review** ((1)) Any person aggrieved by any final rule or order referred to in subsection (a) or in , or by the denial of a petition for an order granting an exemption (or permit) referred to in subsection (b), may at any time before the 60th day after the date such rule, order, or denial is published under subsection (a) or (b), file a petition with the United States court of appeals for the circuit wherein such person resides, or has his principal place of business, for judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which the rule or order was based as provided in . ((2)) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule, order, or denial in accordance with chapter 7 of title 5, and to grant appropriate relief as provided in such chapter. No rule or order (or denial thereof) may be affirmed unless supported by substantial evidence. ((3)) The judgment of the court affirming or setting aside, in whole or in part, any such rule, order, or denial shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in . ((4)) Subject to the direction and control of the Attorney General, as provided in , attorneys appointed by the Secretary may appear for and represent the Secretary in any proceeding instituted under this section in accordance with .

Release: pl-119-59 (2025-12-18)

Previous

§ 8402

Next

§ 8422