(a) Agency statements on significant regulatory actions
(1) In general
Compliance or noncompliance by any agency with the provisions of sections
1533(a)(1) and (2) of this title shall be subject to judicial review only in accordance with this section.
(2) Limited review of agency compliance or noncompliance
(A)Agency compliance or noncompliance with the provisions of sections
1533(a)(1) and (2) of this title shall be subject to judicial review only under section
706(1) of title
5, and only as provided under subparagraph (B).
(B)If an agency fails to prepare the written statement (including the preparation of the estimates, analyses, statements, or descriptions) under section
1532 of this title or the written plan under section
1533(a)(1) and (2) of this title, a court may compel the agency to prepare such written statement.
(3) Review of agency rules
In any judicial review under any other Federal law of an agency rule for which a written statement or plan is required under sections
1533(a)(1) and (2) of this title, the inadequacy or failure to prepare such statement (including the inadequacy or failure to prepare any estimate, analysis, statement or description) or written plan shall not be used as a basis for staying, enjoining, invalidating or otherwise affecting such agency rule.
(4) Certain information as part of record
Any information generated under sections
1533(a)(1) and (2) of this title that is part of the rulemaking record for judicial review under the provisions of any other Federal law may be considered as part of the record for judicial review conducted under such other provisions of Federal law.
(5) Application of other Federal law
For any petition under paragraph (2) the provisions of such other Federal law shall control all other matters, such as exhaustion of administrative remedies, the time for and manner of seeking review and venue, except that if such other Federal law does not provide a limitation on the time for filing a petition for judicial review that is less than 180 days, such limitation shall be 180 days after a final rule is promulgated by the appropriate agency.
(6) Effective date
This subsection shall take effect on October 1, 1995, and shall apply only to any agency rule for which a general notice of proposed rulemaking is promulgated on or after such date.
(b) Judicial review and rule of construction
Except as provided in subsection (a) of this section—
(1)any estimate, analysis, statement, description or report prepared under this chapter, and any compliance or noncompliance with the provisions of this chapter, and any determination concerning the applicability of the provisions of this chapter shall not be subject to judicial review; and
(2)no provision of this chapter shall be construed to create any right or benefit, substantive or procedural, enforceable by any person in any administrative or judicial action.
This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section
1501 of this title and Tables.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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