§ 6516. Judicial review in United States district courts
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/usc/title-16/section-6516A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Venue Notwithstanding section 1391 of title 28 or other applicable law, an authorized hazardous fuels reduction project conducted under this subchapter shall be subject to judicial review only in the United States district court for a district in which the Federal land to be treated under the authorized hazardous fuels reduction project is located.
(b)Expeditious completion of judicial review In the judicial review of an action challenging an authorized hazardous fuel reduction project under subsection (a), Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in the action with the goal of rendering a final determination on jurisdiction, and (if jurisdiction exists) a final determination on the merits, as soon as practicable after the date on which a complaint or appeal is filed to initiate the action.
(c)Injunctions
(1)In general Subject to paragraph (2), the length of any preliminary injunctive relief and stays pending appeal covering an authorized hazardous fuel reduction project carried out under this subchapter shall not exceed 60 days.
(2)Renewal
(A)In general A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under paragraph (1).
(B)Updates In each renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized hazardous fuel reduction project.
(3)Balancing of short- and long-term effects As part of its weighing the equities while considering any request for an injunction that applies to an agency action under an authorized hazardous fuel reduction project, the court reviewing the project shall balance the impact to the ecosystem likely affected by the project of—
(A)the short- and long-term effects of undertaking the agency action; against
(B)the short- and long-term effects of not undertaking the agency action.
(Pub. L. 108–148, title I, § 106, Dec. 3, 2003, 117 Stat. 1900.)
Connections31 cite this · traces to 1
Cited by 31 sections
statute-compilations
bill
- Sec. 204Administrative and judicial review
- Sec. 4Management of Forest Reserve Revenue Areas
- Sec. 104Management of Forest Reserve Revenue Areas
- Sec. 5Application of expedited procedures and activities of the Healthy Forests Restoration Act of 2003 to designated Forest Service pilot projects
- Sec. 8303Application of expedited procedures and activities of the Healthy Forests Restoration Act of 2003 to critical areas
- Sec. 8303Application of expedited procedures and activities of the Healthy Forests Restoration Act of 2003 to critical areas
- Sec. 7303Application of expedited procedures and activities of the Healthy Forests Restoration Act of 2003 to critical areas
- Sec. 7303Application of expedited procedures and activities of the Healthy Forests Restoration Act of 2003 to critical areas
- Sec. 7Applicability of expedited procedures and authorities of Healthy Forests Restoration Act of 2003 to emergency hazardous fuels reduction projects
- Sec. 6Administrative and judicial review
- Sec. 103Montana Forest Jobs and Restoration Pilot Initiative
- Sec. 103Montana Forest Jobs and Restoration Pilot Initiative
- Sec. 7Applicability of expedited procedures and authorities of Healthy Forests Restoration Act of 2003 to emergency hazardous fuels reduction projects
- Sec. 6Administrative and judicial review
- Sec. 8Accelerated restoration program for ponderosa pine forests
- Sec. 7Litigation relief
- Sec. 8Accelerated restoration program for ponderosa pine forests
- Sec. 104Emergency actions
- Sec. 4Judicial review
- Sec. 8007Emergency actions
- Sec. 2Root and Stem projects
- Sec. 2Root and Stem projects
- Sec. 2Contract preference for local contractors for certain hazardous fuel reduction projects
- Sec. 6Giant sequoia emergency response
- Sec. 6Giant sequoia emergency response
- Sec. 6Giant sequoia emergency response
- Sec. 6Giant sequoia emergency response
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U.S. Code
2 references not yet in our index
- Pub. L. 108–148, title I, § 106
- 117 Stat. 1900
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§ 6516
Judicial review in United States district courts
Bills×27
U.S.C.×2
Stat. Comp.×1
Stat.×1
Pub. L.Pub. L. 108–148, title I, § 106
Stat.117 Stat. 1900
Cites 3Cited by 31 across 4 sources