(c) Standard of review
(1)
(A) Upon the filing of a petition under subsection (a)(1) for judicial review of a rule or order, the court shall have jurisdiction (i) to grant appropriate relief, including interim relief, as provided in chapter 7 of title 5, and (ii) except as otherwise provided in subparagraph (B), to review such rule or order in accordance with chapter 7 of title 5.
(B)
Section 706 of title 5 shall apply to review of a rule or order under this section, except that—
(i)
in the case of review of—
(I) a rule under section 2603(a), 2604(b)(4), 2605(a) (including review of the associated determination under section 2605(b)(4)(A)), or 2605(e) of this title, the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such rule if the court finds that the rule is not supported by substantial evidence in the rulemaking record taken as a whole; and
(II) an order under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title, the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such order if the court finds that the order is not supported by substantial evidence in the record taken as a whole; and
(ii) the court may not review the contents and adequacy of any statement of basis and purpose required by
section 553(c) of title 5 to be incorporated in the rule or order, except as part of the record, taken as a whole.
(2) The judgment of the court affirming or setting aside, in whole or in part, any rule or order reviewed in accordance with 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.
Amendments
2016—Subsec. (a)(1)(A). Pub. L. 114–182, § 19(m)(1)(A), substituted “Except as otherwise provided in this subchapter, not later than 60 days after the date on which a rule is promulgated under this subchapter, subchapter II, or subchapter IV, or the date on which an order is issued under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,” for “Not later than 60 days after the date of the promulgation of a rule under section 2603(a), 2604(a)(2), 2604(b)(4), 2605(a), 2605(e), or 2607 of this title, or under subchapter II or IV”, “such rule or order” for “such rule”, and “such a rule or order” for “such a rule”.
Subsec. (a)(1)(B). Pub. L. 114–182, § 19(m)(1)(B), substituted “Except as otherwise provided in this subchapter, courts” for “Courts” and “this subchapter, other than an order under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,” for “subparagraph (A) or (B) of section 2605(b)(1) of this title”.
Subsec. (a)(1)(C). Pub. L. 114–182, § 14(1), added subpar. (C).
Subsec. (a)(2). Pub. L. 114–182, § 19(m)(1)(C), substituted “record” for “rulemaking record” and “based the rule or order” for “based the rule”.
Subsec. (a)(3). Pub. L. 114–182, § 14(2), struck out par. (3) which defined “rulemaking record”.
Subsec. (b). Pub. L. 114–182, § 19(m)(2), substituted “review a rule, or an order under section 2603, 2604(e), 2604(f), or 2605(i)(1) of this title,” for “review a rule”, “such rule or order” for “such rule”, “the rule or order” for “the rule”, “new rule or order” for “new rule” in two places, and “modified rule or order” for “modified rule”.
Subsec. (c)(1)(A). Pub. L. 114–182, § 19(m)(3)(A)(i), substituted “a rule or order” for “a rule” and “such rule or order” for “such rule”.
Subsec. (c)(1)(B). Pub. L. 114–182, § 19(m)(3)(A)(ii)(I), substituted “a rule or order” for “a rule” in introductory provisions.
Pub. L. 114–182, § 19(m)(3)(A)(ii)(III), struck out concluding provisions which read as follows: “The term ‘evidence’ as used in clause (i) means any matter in the rulemaking record.”
Subsec. (c)(1)(B)(i). Pub. L. 114–182, § 19(m)(3)(A)(ii)(II), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “in the case of review of a rule under section 2603(a), 2604(b)(4), 2605(a), or 2605(e) of this title, the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such rule if the court finds that the rule is not supported by substantial evidence in the rulemaking record (as defined in subsection (a)(3)) taken as a whole;”.
Subsec. (c)(1)(B)(ii), (iii). Pub. L. 114–182, § 19(m)(3)(A)(ii)(III), added cl. (ii) and struck out former cls. (ii) and (iii) which related to review of rules under section 2605(a) of this title and statements not subject to court review, respectively.
Subsec. (c)(1)(C). Pub. L. 114–182, § 19(m)(3)(A)(iii), struck out subpar. (C) which read as follows: “A determination, rule, or ruling of the Administrator described in subparagraph (B)(ii) may be reviewed only in an action under this section and only in accordance with such subparagraph.”
Subsec. (c)(2). Pub. L. 114–182, § 19(m)(3)(B), substituted “any rule or order” for “any rule”.
1992—Subsec. (a)(1)(A). Pub. L. 102–550, § 1021(b)(8)(A), substituted “subchapter II or IV” for “subchapter II”.
Subsec. (a)(3)(B). Pub. L. 102–550, § 1021(b)(8)(B), inserted before semicolon at end “and in the case of a rule under subchapter IV, the finding required for the issuance of such a rule”.
1986—Subsec. (a)(1)(A). Pub. L. 99–519 inserted reference to subchapter II of this chapter.
Effective Date
Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.