28 U.S.C. § 3902 — Judicial review of regulations

FEDERAL · 28 U.S.C. · Chapter 179

Judicial review of regulations

28 U.S.C. § 3902

Title28 — Judiciary and Judicial Procedure

Chapter179 — JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES

This text of 28 U.S.C. § 3902 (Judicial review of regulations) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

28 U.S.C. § 3902.

Text

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.

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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.

Source Credit

History

(Added Pub. L. 104–331, §3(c), Oct. 26, 1996, 110 Stat. 4070.)

Editorial Notes

Statutory Notes and Related Subsidiaries

Effective Date
Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title.

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Bluebook (online)

28 U.S.C. § 3902, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/3902.