7 USC § 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.

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, § 16, as added Pub. L. 92–516, § 2,Oct. 21, 1972, 86 Stat. 994; amended Pub. L. 98–620, title IV, § 402(4)(C),Nov. 8, 1984, 98 Stat. 3357; Pub. L. 100–532, title VIII, § 801(i),Oct. 25, 1988, 102 Stat. 2682; Pub. L. 102–237, title X, § 1006(b)(1), (2), (3)(P),Dec. 13, 1991, 105 Stat. 1895, 1896.)

Amendments

1991—Subsec. (b). Pub. L. 102–237, § 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, § 1006(b)(1), substituted “the Administrator” for “he” before “may”.

1988—Subsec. (a). Pub. L. 100–532amended 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. 98–620struck 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. 100–532effective on expiration of 60 days after Oct. 25, 1988, see section 901 ofPub. L. 100–532, set out as a note under section 136 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–620not applicable to cases pending on Nov. 8, 1984, see section 403 ofPub. 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 ofPub. L. 92–516, set out as a note under section 136 of this title.

The table below lists the classification updates, since Jan. 7, 2011, 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 Friday, May 13, 2011

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.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

The Public Law field is linked to the development of the law in the Thomas system at the Library of Congress.

The Statutes at Large field is linked to the text of the law, in the context of its volume of the Statutes at Large, at the Government Printing Office. Please note that it takes a while for these pages to get posted, so for very recent legislation, you need to look at the "enrolled" version at the Thomas site.

The Statutes at Large references have been rendered in the format used as page numbers in the Public Law web pages to which we link, to facilitate copy-paste into browser "find on this (web) page" tools. We are still working on a more direct link facility.

For serious comparison work, we suggest copying all or a portion of the Public Law text into your favorite text editor, for convenient content traversal and window control.

Sections with change type "new" are a special case, still under development. All are now listed, at the title level only.

You will find that occassionally a specific update you notice in a Public Law listed in a classification table will already have made it into the Code. We assume this is an artifact of the LRC edit process. The LII does not edit the LRC content.

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General Reference

Refer to the LRC (Law Revision Council) for explanations about the US Code from the folks who put it all together.

You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

7 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

19 CFR - Title 19—Customs Duties

19 CFR 12 - SPECIAL CLASSES OF MERCHANDISE

29 CFR - Title 29—Labor

29 CFR 1440 - ARBITRATION OF PESTICIDE DATA DISPUTES

40 CFR - Title 40—Protection of Environment

40 CFR 152 - PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES

40 CFR 153 - REGISTRATION POLICIES AND INTERPRETATIONS

40 CFR 155 - REGISTRATION STANDARDS AND REGISTRATION REVIEW

40 CFR 156 - LABELING REQUIREMENTS FOR PESTICIDES AND DEVICES

40 CFR 158 - DATA REQUIREMENTS FOR PESTICIDES

40 CFR 159 - STATEMENTS OF POLICIES AND INTERPRETATIONS

40 CFR 162 - STATE REGISTRATION OF PESTICIDE PRODUCTS

40 CFR 165 - PESTICIDE MANAGEMENT AND DISPOSAL

40 CFR 166 - EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS

40 CFR 168 - STATEMENTS OF ENFORCEMENT POLICIES AND INTERPRETATIONS

40 CFR 174 - PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS

40 CFR 23 - JUDICIAL REVIEW UNDER EPA-ADMINISTERED STATUTES

40 CFR 3 -

40 CFR 30 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS

40 CFR 31 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

40 CFR 32

40 CFR 34 - NEW RESTRICTIONS ON LOBBYING

40 CFR 35 - STATE AND LOCAL ASSISTANCE

40 CFR 451 - CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY

40 CFR 9 -

7 USC § 136n - Administrative procedure; judicial review

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