§ 7192. Judicial review
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/usc/title-42/section-7192A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Agency action Judicial review of agency action taken under any law the functions of which are vested by law in, or transferred or delegated to the Secretary, the Commission or any officer, employee, or component of the Department shall, notwithstanding such vesting, transfer, or delegation, be made in the manner specified in or for such law.
(b)Review by district court of United States; removal Notwithstanding the amount in controversy, the district courts of the United States shall have exclusive original jurisdiction of all other cases or controversies arising exclusively under this chapter, or under rules, regulations, or orders issued exclusively thereunder, other than any actions taken to implement or enforce any rule, regulation, or order by any officer of a State or local government agency under this chapter, except that nothing in this section affects the power of any court of competent jurisdiction to consider, hear, and determine in any proceeding before it any issue raised by way of defense (other than a defense based on the unconstitutionality of this chapter or the validity of action taken by any agency under this chapter). If in any such proceeding an issue by way of defense is raised based on the unconstitutionality of this chapter or the validity of agency action under this chapter, the case shall be subject to removal by either party to a district court of the United States in accordance with the applicable provisions of chapter 89 of title 28. Cases or controversies arising under any rule, regulation, or order of any officer of a State or local government agency may be heard in either
(A)any appropriate State court, or
(B)without regard to the amount in controversy, the district courts of the United States.
(c)Litigation supervision by Attorney General Subject to the provisions of section 7171(i) of this title and notwithstanding any other law, the litigation of the Department shall be subject to the supervision of the Attorney General pursuant to chapter 31 of title 28. The Attorney General may authorize any attorney of the Department to conduct any civil litigation of the Department in any Federal court except the Supreme Court.
(Pub. L. 95–91, title V, § 502, Aug. 4, 1977, 91 Stat. 589.)
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Cited by 13 sections · top 8
U.S. Code
statutes-at-large
- Public Law 95–620To amend the Tariff Schedules of the United States to provide for the duty-free entry of competition bobsleds and luges
- Public Law 95–91To establish a Department of Energy in the executive branch by the reorganization of energy functions within the Federal Government in order to secure effective management to assure a coordinated national energy policy, and for other purposes
- Public Law 95–619For the relief of Jack R
statute-compilations
Traces to 2 documents
4 references not yet in our index
- Pub. L. 95–91, title V, § 502
- 91 Stat. 589
- Pub. L. 95–91
- 91 Stat. 565
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§ 7192
Judicial review
Stat.×6
U.S.C.×6
Stat. Comp.×1
Pub. L.Pub. L. 95–91, title V, § 502
Stat.91 Stat. 589
Pub. L.Pub. L. 95–91
Stat.91 Stat. 565
Cites 6Cited by 13 across 3 sources