§ 136n. — Administrative procedure; 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: 7USC136n]
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
Sec. 136n. Administrative procedure; judicial review
(a) District court review
Except as otherwise provided in this subchapter, the refusal of the
Administrator to cancel or suspend a registration or to change a
classification not following a hearing and other final actions of the
Administrator not committed to the discretion of the Administrator by
law are judicially reviewable by the district courts of the United
States.
(b) Review by court of appeals
In the case of actual controversy as to the validity of any order
issued by the Administrator following a public hearing, any person who
will be adversely affected by such order and who had been a party to the
proceedings may obtain judicial review by filing in the United States
court of appeals for the circuit wherein such person resides or has a
place of business, within 60 days after the entry of such order, a
petition praying that the order be set aside in whole or in part. A copy
of the petition shall be forthwith transmitted by the clerk of the court
to the Administrator or any officer designated by the Administrator for
that purpose, and thereupon the Administrator shall file in the court
the record of the proceedings on which the Administrator based the
Administrator's order, as provided in section 2112 of title 28. Upon the
filing of such petition the court shall have exclusive jurisdiction to
affirm or set aside the order complained of in whole or in part. The
court shall consider all evidence of record. The order of the
Administrator shall be sustained if it is supported by substantial
evidence when considered on the record as a whole. The judgment of the
court affirming or setting aside, in whole or in part, any order under
this section shall be final, subject to review by the Supreme Court of
the United States upon certiorari or certification as provided in
section 1254 of title 28. The commencement of proceedings under this
section shall not, unless specifically ordered by the court to the
contrary, operate as a stay of an order.
(c) Jurisdiction of district courts
The district courts of the United States are vested with
jurisdiction specifically to enforce, and to prevent and restrain
violations of, this subchapter.
(d) Notice of judgments
The Administrator shall, by publication in such manner as the
Administrator may prescribe, give notice of all judgments entered in
actions instituted under the authority of this subchapter.
(June 25, 1947, ch. 125, Sec. 16, as added Pub. L. 92-516, Sec. 2, Oct.
21, 1972, 86 Stat. 994; amended Pub. L. 98-620, title IV,
Sec. 402(4)(C), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 100-532, title
VIII, Sec. 801(i), Oct. 25, 1988, 102 Stat. 2682; Pub. L. 102-237, title
X, Sec. 1006(b)(1), (2), (3)(P), Dec. 13, 1991, 105 Stat. 1895, 1896.)
Amendments
1991--Subsec. (b). Pub. L. 102-237, Sec. 1006(b)(1), (2), (3)(P),
substituted ``the Administrator'' for ``he'' before ``based'', ``the
Administrator's'' for ``his'', and ``the Administrator'' for ``him''
after ``designated by''.
Subsec. (d). Pub. L. 102-237, Sec. 1006(b)(1), substituted ``the
Administrator'' for ``he'' before ``may''.
1988--Subsec. (a). Pub. L. 100-532 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ``Except as is
otherwise provided in this subchapter, Agency refusals to cancel or
suspend registrations or change classifications not following a hearing
and other final Agency actions not committed to Agency discretion by law
are judicially reviewable in the district courts.''
1984--Subsec. (b). Pub. L. 98-620 struck out provisions requiring
the court to advance on the docket and expedite the disposition of all
cases filed pursuant to this section.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date
note under section 1657 of Title 28, Judiciary and Judicial Procedure.
Effective Date
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
Section Referred to in Other Sections
This section is referred to in sections 136a, 136a-1, 136d, 136q of
this title.
