Sec. 404. Judicial review
277 words·~1 min read·
/bill/118/hr/9786/ih/section-404A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except for review in the Supreme Court, a court of appeals of the United States shall have original and exclusive jurisdiction over any civil action— for review of any final decision or action of the Administrator or the Commission under this Act; alleging the failure of the Administrator or the Commission to make any decision, or take any action, required under this Act; challenging the constitutionality of any decision made, or action taken, under this Act; or for review of any environmental assessment or environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to any action under this Act, or alleging a failure to prepare any such assessment or statement with respect to any such action.
The venue of any proceeding under this section shall be in— the judicial circuit in which the petitioner involved resides or has the principal office of the petitioner; or the United States Court of Appeals for the District of Columbia Circuit. Except as provided in paragraph (2), a civil action for judicial review described in subsection (a)(1) may be brought not later than the date that is 180 days after the date of the decision or action or failure to act involved. If a party shows that the party did not know of the decision or action complained of (or of the failure to act) and that a reasonable person acting under the circumstances would not have known, the party may bring a civil action not later than 180 days after the date the party acquired actual or constructive knowledge of the decision, action, or failure to act.
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