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Code · BILL · 113th Congress · H.R. 4304 (Introduced in House) — To make certain repeals and revisions to Federal labor laws, to decrease the regulatory burdens on small businesses,... · Sec. 2009

Sec. 2009. Expedited judicial review

292 words·~1 min read·/bill/113/hr/4304/ih/section-2009

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Subject to paragraph (2), any complaint seeking judicial review— of any provision of this title shall be filed by not later than 1 year after the date of enactment of this Act; or of any action of the Secretary under this title shall be filed— except as provided in clause (ii), within the 90-day period beginning on the date of the action being challenged; or in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint.
Any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title may be filed only in the United States Court of Appeals for the District of Columbia. Judicial review of a Secretarial decision to conduct a lease sale under this title, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with this title and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.
Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. No person seeking judicial review of any action under this title shall receive payment from the Federal Government for their attorneys’ fees and other court costs, including under any provision of law enacted by the Equal Access to Justice Act ( 5 U.S.C. 504 note).
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Sec. 2009
Expedited judicial review
U.S.C.§ 504
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