US Code Title 7 Section 136n

CITE

    7 USC Sec. 136n                                             01/05/2009

EXPCITE

    TITLE 7 - AGRICULTURE
    CHAPTER 6 - INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
    SUBCHAPTER II - ENVIRONMENTAL PESTICIDE CONTROL

HEAD

    Sec. 136n. Administrative procedure; judicial review

STATUTE

    (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.

SOURCE

    (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.