§ 2321. — Judicial review of Board's orders and decisions; procedure generally; process.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2321]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 157--SURFACE TRANSPORTATION BOARD ORDERS; ENFORCEMENT AND REVIEW
Sec. 2321. Judicial review of Board's orders and decisions;
procedure generally; process
(a) Except as otherwise provided by an Act of Congress, a proceeding
to enjoin or suspend, in whole or in part, a rule, regulation, or order
of the Surface Transportation Board shall be brought in the court of
appeals as provided by and in the manner prescribed in chapter 158 of
this title.
(b) The procedure in the district courts in actions to enforce, in
whole or in part, any order of the Surface Transportation Board other
than for payment of money or the collection of fines, penalties, and
forfeitures, shall be as provided in this chapter.
(c) The orders, writs, and process of the district courts may, in
the cases specified in subsection (b) and in enforcement actions and
actions to collect civil penalties under subtitle IV of title 49, run,
be served and be returnable anywhere in the United States.
(June 25, 1948, ch. 646, 62 Stat. 969; May 24, 1949, ch. 139, Sec. 115,
63 Stat. 105; Pub. L. 93-584, Sec. 5, Jan. 2, 1975, 88 Stat. 1917; Pub.
L. 95-473, Sec. 2(a)(3)(B), Oct. 17, 1978, 92 Stat. 1465; Pub. L. 104-
88, title III, Sec. 305(c)(1)(B), (C), Dec. 29, 1995, 109 Stat. 945.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Sec. 44 (Oct. 22, 1913, ch. 32,
38 Stat. 220.)
Word ``actions'' was substituted for ``cases,'' in view of rule 2 of
the Federal Rules of Civil Procedure.
The exception as to procedure in the infliction of criminal
punishment was omitted as unnecessary, as Title 18, U.S.C., Crimes and
Criminal Procedure, and the Federal Rules of Criminal Procedure govern
procedure in criminal matters.
Changes were made in phraseology.
1949 Act
This section corrects, in section 2321 of title 28, U.S.C., the
reference to certain sections in title 49, U.S.C. The provisions which
were formerly set out as section 49 of such title 49, are now set out as
section 23 of such title.
Amendments
1995--Pub. L. 104-88 substituted ``Board's'' for ``Commission's'' in
section catchline and ``Surface Transportation Board'' for ``Interstate
Commerce Commission'' in subsecs. (a) and (b).
1978--Subsec. (c). Pub. L. 95-473 substituted ``enforcement actions
and actions to collect civil penalties under subtitle IV of title 49''
for ``actions under section 20 of the Act of February 4, 1887, as
amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16,
1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act
of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)''.
1975--Subsec. (a). Pub. L. 93-584 designated existing provisions as
subsecs. (b) and (c) and added subsec. (a).
Subsec. (b). Pub. L. 93-584 designated existing first par. as
subsec. (b) and substituted ``in whole or in part, any order of the
Interstate Commerce Commission other than for'', for ``suspend, enjoin,
annual or set aside in whole or in part any order of the Interstate
Commerce Commission other than for the''.
Subsec. (c). Pub. L. 93-584 designated existing second par. as
subsec. (c), substituted reference to subsec. (b) of this section for
reference to this section, and inserted references to the dates of
enactment, statute citations and code references of sections 20, 23 and
43 of Title 49.
1949--Act May 24, 1949, substituted ``20, 23, and 43'' for ``20, 43,
and 49'' in second par.
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 1975 Amendment
Section 10 of Pub. L. 93-584 provided that: ``This Act [amending
this section, sections 1336, 1398, 2323, 2341, and 2342 of this title,
and section 305 of former Title 49, Transportation, and repealing
sections 2324 and 2325 of this title] shall not apply to any action
commenced on or before the last day of the first month beginning after
the date of enactment [Jan. 2, 1975]. However, actions to enjoin or
suspend orders of the Interstate Commerce Commission which are pending
when this Act becomes effective shall not be affected thereby, but shall
proceed to final disposition under the law existing on the date they
were commenced.''
Section Referred to in Other Sections
This section is referred to in sections 2322, 2323, 2342 of this
title.
