§ 3902. — Judicial review of regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC3902]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 179--JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES
Sec. 3902. Judicial review of regulations
In any proceeding under section 1296 or 1346(g) of this title in
which the application of a regulation issued under chapter 5 of title 3
is at issue, the court may review the validity of the regulation in
accordance with the provisions of subparagraphs (A) through (D) of
section 706(2) of title 5. If the court determines that the regulation
is invalid, the court shall apply, to the extent necessary and
appropriate, the most relevant substantive executive agency regulation
promulgated to implement the statutory provisions with respect to which
the invalid regulation was issued. Except as provided in this section,
the validity of regulations issued under this chapter is not subject to
judicial review.
(Added Pub. L. 104-331, Sec. 3(c), Oct. 26, 1996, 110 Stat. 4070.)
