§ 1276. — Judicial review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1276]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER V--CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
MINING
Sec. 1276. Judicial review
(a) Review by United States District Court; venue; filing of petition;
time
(1) Any action of the Secretary to approve or disapprove a State
program or to prepare or promulgate a Federal program pursuant to this
chapter shall be subject to judicial review by the United States
District Court for the District which includes the capital of the State
whose program is at issue. Any action by the Secretary promulgating
national rules or regulations including standards pursuant to sections
1251, 1265, 1266, and 1273 of this title shall be subject to judicial
review in the United States District Court for the District of Columbia
Circuit. Any other action constituting rulemaking by the Secretary shall
be subject to judicial review only by the United States District Court
for the District in which the surface coal mining operation is located.
Any action subject to judicial review under this subsection shall be
affirmed unless the court concludes that such action is arbitrary,
capricious, or otherwise inconsistent with law. A petition for review of
any action subject to judicial review under this subsection shall be
filed in the appropriate Court within sixty days from the date of such
action, or after such date if the petition is based solely on grounds
arising after the sixtieth day. Any such petition may be made by any
person who participated in the administrative proceedings and who is
aggrieved by the action of the Secretary.
(2) Any order or decision issued by the Secretary in a civil penalty
proceeding or any other proceeding required to be conducted pursuant to
section 554 of title 5 shall be subject to judicial review on or before
30 days from the date of such order or decision in accordance with
subsection (b) of this section in the United States District Court for
the district in which the surface coal mining operation is located. In
the case of a proceeding to review an order or decision issued by the
Secretary under the penalty section of this chapter, the court shall
have jurisdiction to enter an order requiring payment of any civil
penalty assessment enforced by its judgment. This availability of review
established in this subsection shall not be construed to limit the
operations of rights established in section 1270 of this title.
(b) Evidence; conclusiveness of findings; orders
The court shall hear such petition or complaint solely on the record
made before the Secretary. Except as provided in subsection (a) of this
section, the findings of the Secretary if supported by substantial
evidence on the record considered as a whole, shall be conclusive. The
court may affirm, vacate, or modify any order or decision or may remand
the proceedings to the Secretary for such further action as it may
direct.
(c) Temporary relief; prerequisites
In the case of a proceeding to review any order or decision issued
by the Secretary under this chapter, including an order or decision
issued pursuant to subsection (c) or (d) of section 1275 of this title
pertaining to any order issued under paragraph (2), (3), or (4) of
subsection (a) of section 1271 of this title for cessation of coal
mining and reclamation operations, the court may, under such conditions
as it may prescribe, grant such temporary relief as it deems appropriate
pending final determination of the proceedings if--
(1) all parties to the proceedings have been notified and given
an opportunity to be heard on a request for temporary relief;
(2) the person requesting such relief shows that there is a
substantial likelihood that he will prevail on the merits of the
final determination of the proceeding; and
(3) such relief will not adversely affect the public health or
safety or cause significant imminent environmental harm to land,
air, or water resources.
(d) Stay of action, order, or decision of Secretary
The commencement of a proceeding under this section shall not,
unless specifically ordered by the court, operate as a stay of the
action, order, or decision of the Secretary.
(e) Action of State regulatory authority
Action of the State regulatory authority pursuant to an approved
State program shall be subject to judicial review by a court of
competent jurisdiction in accordance with State law, but the
availability of such review shall not be construed to limit the
operation of the rights established in section 1270 of this title except
as provided therein.
(Pub. L. 95-87, title V, Sec. 526, Aug. 3, 1977, 91 Stat. 512.)
Section Referred to in Other Sections
This section is referred to in sections 1264, 1268, 1275 of this
title.
