§ 1336. — Surface Transportation Board's orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1336]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 1336. Surface Transportation Board's orders
(a) Except as otherwise provided by Act of Congress, the district
courts shall have jurisdiction of any civil action to enforce, in whole
or in part, any order of the Surface Transportation Board, and to enjoin
or suspend, in whole or in part, any order of the Surface Transportation
Board for the payment of money or the collection of fines, penalties,
and forfeitures.
(b) When a district court or the United States Court of Federal
Claims refers a question or issue to the Surface Transportation Board
for determination, the court which referred the question or issue shall
have exclusive jurisdiction of a civil action to enforce, enjoin, set
aside, annul, or suspend, in whole or in part, any order of the Surface
Transportation Board arising out of such referral.
(c) Any action brought under subsection (b) of this section shall be
filed within 90 days from the date that the order of the Surface
Transportation Board becomes final.
(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 88-513, Sec. 1, Aug. 30,
1964, 78 Stat. 695; Pub. L. 93-584, Sec. 1, Jan. 2, 1975, 88 Stat. 1917;
Pub. L. 97-164, title I, Sec. 128, Apr. 2, 1982, 96 Stat. 39; Pub. L.
102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub.
L. 104-88, title III, Sec. 305(a)(1), (2), Dec. 29, 1995, 109 Stat.
944.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 41(27), (28) (Mar. 3,
1911, ch. 231, Secs. 24(27), (28), 207, 36 Stat. 1091, 1148; Oct. 22,
1913, ch. 32, 38 Stat. 219).
Words ``Except as otherwise provided by enactment of Congress'' were
inserted because of certain similar cases of which the courts of appeals
are given jurisdiction. (See, for example, section 21 of title 15,
U.S.C., 1940 ed., Commerce and Trade.)
Words ``any civil action'' were substituted for ``all cases'' and
``cases'' in view of Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Amendments
1995--Pub. L. 104-88 substituted ``Surface Transportation Board's''
for ``Interstate Commerce Commission's'' in section catchline and
``Surface Transportation Board'' for ``Interstate Commerce Commission''
wherever appearing in text.
1992--Subsec. (b). Pub. L. 102-572 substituted ``United States Court
of Federal Claims'' for ``United States Claims Court''.
1982--Subsec. (b). Pub. L. 97-164 substituted ``United States Claims
Court'' for ``Court of Claims''.
1975--Subsec. (a). Pub. L. 93-584 substituted provisions that the
district courts shall have jurisdiction of civil actions to enforce, in
whole or in part, orders of the Interstate Commerce Commission, and to
enjoin or suspend, in whole or in part, any order of the Interstate
Commerce Commission for the payment of money or the collection of fines,
penalties, and forfeitures, for provisions that the district courts
shall have jurisdiction of civil actions to enforce, enjoin, set aside,
annul or suspend, in whole or in part, any order of the Interstate
Commerce Commission.
1964--Pub. L. 88-513 designated existing provisions as subsec. (a)
and added subsecs. (b) and (c).
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of
Pub. L. 104-88, set out as an Effective Date note under section 701 of
Title 49, Transportation.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93-584 not applicable to actions commenced on
or before last day of first month beginning after Jan. 2, 1975, and
actions to enjoin or suspend orders of Interstate Commerce Commission
which are pending when this amendment becomes effective shall not be
affected thereby, but shall proceed to final disposition under the law
existing on the date they were commenced, see section 10 of Pub. L. 93-
584, set out as a note under section 2321 of this title.
Section Referred to in Other Sections
This section is referred to in section 1398 of this title.
