Sec. 307. Judicial review
401 words·~2 min read·
/bill/116/hr/8019/ih/section-307·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For any rule subject to this title, a frontline community that is relevant with regard to a final agency action is entitled to judicial review of agency compliance with the requirements of sections 303, 304(b), and 306 in accordance with chapter 7 of title 5, United States Code. Agency compliance with section 305(a) shall be judicially reviewable in connection with judicial review of section 303. Each court having jurisdiction to review a rule for compliance with section 553 of title 5, United States Code, or under any other provision of law, shall have jurisdiction to review any claims of noncompliance with sections 303, 304(b), and 306 in accordance with chapter 7 of title 5, United States Code.
Agency compliance with section 305(a) shall be judicially reviewable in connection with judicial review of section 303. A frontline community may seek a review described in paragraph
(1)during the period— beginning on the date of final agency action; and ending on the later of— the date required by the statute under which the applicable rule was issued; and 1 year after the date described in subparagraph (A). In granting any relief in an action under this section, the court shall order the agency to take corrective action consistent with this title and chapter 7 of title 5, United States Code, including— remanding the rule to the agency for correction; and deferring the enforcement of the rule against frontline communities unless the court finds that continued enforcement of the rule is in the public interest. Nothing in this subsection limits the authority of a court to stay the effective date of a rule, or provision of a rule, under any other provision of law or to grant any other relief in addition to the requirements of this section. In an action for the judicial review of a rule, the climate and environmental justice analysis for that rule, including an initial climate and environmental justice analysis prepared or corrected pursuant to subsection (a)(4)(A), shall constitute part of the entire record of agency action in connection with such review. Compliance or noncompliance by an agency with the provisions of this title shall be subject to judicial review only in accordance with this section. Nothing in this section bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise permitted by law.