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49 U.S.C. § 5127

Section 5127 · Judicial review

Amended 1 time on record

Applied in 9 court decisions — leading case American Chemistry Council v. Department of Transportation (2006)

Most recently applied in MCR Oil Tools v. TRAN (July 2024)

How often courts cite this section

200520102020202420109-59enacted · 2005 · 109-59American Chemistry Council v. Department of Transportationleading · 2006 · American Chemistry Council v. Department of Transportation
citing decisions per year

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) Filing and Venue.—Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary's action becomes final.

(b) Judicial Procedures.—When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in section 2112 of title 28.

(c) Authority of Court.—The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary's final action and may order the Secretary to conduct further proceedings.

(d) Requirement for Prior Objection.—In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Prior Provisions

A prior section 5127 was renumbered section 5128 of this title.

/49/usc/5127 · .json · Public domain