[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 42USC4915]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 65-- NOISE CONTROL
Sec. 4915. Judicial review
a) Petition for review
A petition for review of action of the Administrator of the
Environmental Protection Agency in promulgating any standard or
regulation under sections 4905, 4916, or 4917 of this title or any
labeling regulation under section 4907 of this title may be filed only
in the United States Court of Appeals for the District of Columbia
Circuit, and a petition for review of action of the Administrator of the
Federal Aviation Administration in promulgating any standard or
regulation under section 44715 of title 49 may be filed only in such
court. Any such petition shall be filed within ninety days from the date
of such promulgation, or after such date if such petition is based
solely on grounds arising after such ninetieth day. Action of either
Administrator with respect to which review could have been obtained
under this subsection shall not be subject to judicial review in civil
or criminal proceedings for enforcement.
(b) Additional evidence
If a party seeking review under this chapter applies to the court
for leave to adduce additional evidence, and shows to the satisfaction
of the court that the information is material and was not available at
the time of the proceeding before the Administrator of such Agency or
Administration (as the case may be), the court may order such additional
evidence (and evidence in rebuttal thereof) to be taken before such
Administrator, and to be adduced upon the hearing, in such manner and
upon such terms and conditions as the court may deem proper. Such
Administrator may modify his findings as to the facts, or make new
findings, by reason of the additional evidence so taken, and he shall
file with the court such modified or new findings, and his
recommendation, if any, for the modification or setting aside of his
original order, with the return of such additional evidence.
(c) Stay of agency action
With respect to relief pending review of an action by either
Administrator, no stay of an agency action may be granted unless the
reviewing court determines that the party seeking such stay is (1)
likely to prevail on the merits in the review proceeding and (2) will
suffer irreparable harm pending such proceeding.
(d) Subpenas
For the purpose of obtaining information to carry out this chapter,
the Administrator of the Environmental Protection Agency may issue
subpenas for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and he may
administer oaths. Witnesses summoned shall be paid the same fees and
mileage that are paid witnesses in the courts of the United States. In
cases of contumacy or refusal to obey a subpena served upon any person
under this subsection, the district court of the United States for any
district in which such person is found or resides or transacts business,
upon application by the United States and after notice to such person,
shall have jurisdiction to issue an order requiring such person to
appear and give testimony before the Administrator, to appear and
produce papers, books, and documents before the Administrator, or both,
and any failure to obey such order of the court may be punished by such
court as a contempt thereof.
(Pub. L. 92-574, Sec. 16, Oct. 27, 1972, 86 Stat. 1247.)
Codification
In subsec. (a), ``section 44715 of title 49'' substituted for
``section 611 of the Federal Aviation Act of 1958'' on authority of Pub.
L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section
of which enacted subtitles II, III, and V to X of Title 49,
Transportation.
Section Referred to in Other Sections
This section is referred to in sections 4916, 4917 of this title.