28 U.S.C. § 1296
Section 1296 · Review of certain agency actions
Amended 1 time on record
Applied in 19 court decisions — leading case Paradise Creations, Inc. v. UV Sales, Inc. (2003)
Most recently applied in Nova v. Secretary of Veterans Affairs (December 2020)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Jurisdiction.—Subject to the provisions of chapter 179, the United States Court of Appeals for the Federal Circuit shall have jurisdiction over a petition for review of a final decision under chapter 5 of title 3 of—
(1) an appropriate agency (as determined under section 454 of title 3);
(2) the Federal Labor Relations Authority made under part D of subchapter II of chapter 5 of title 3, notwithstanding section 7123 of title 5; or
(3) the Secretary of Labor or the Occupational Safety and Health Review Commission, made under part C of subchapter II of chapter 5 of title 3.
(b) Filing of Petition.—Any petition for review under this section must be filed within 30 days after the date the petitioner receives notice of the final decision.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
A prior section 1296, added Pub. L. 97–164, title I, §127(a), Apr. 2, 1982, 96 Stat. 39, related to precedence of cases in United States Court of Appeals for the Federal Circuit, prior to repeal by Pub. L. 98–620, title IV, §402(29)(C), Nov. 8, 1984, 98 Stat. 3359.
Effective Date
Section 3(d) of Pub. L. 104–331 provided that: “The amendments made by this section [enacting this section and sections 1413 and 3901 to 3908 of this title and amending sections 1346 and 2402 of this title] shall take effect on October 1, 1997.”