Special court; exclusive jurisdiction for civil actions
Appeal
An order or judgment of the United States District Court for the District of Columbia in any action referred to in this section shall be reviewable in accordance with sections 1291, 1292, and 1294 of title 28.
Scope of review of administrative actions
45 U.S.C. 1311section 706 of title 545 U.S.C. 1311Administrative action under the provisions of or amendments made by this subtitle or part 2 of the Conrail Privatization Act [ et seq.] which is subject to review shall be upheld unless such action is found to be unlawful under standards established for review of informal agency action under paragraphs (2)(A), (B), (C), and (D) of . The requirements of this subtitle or part 2 of the Conrail Privatization Act [ et seq.], as the case may be, shall constitute the exclusive procedures required by law for such administrative action.
Pub. L. 97–35, title XI, § 115295 Stat. 676Pub. L. 99–509, title IV, § 4033(c)(1)(A)100 Stat. 1908Pub. L. 100–352, § 6(f)102 Stat. 664Pub. L. 104–317, title VI, § 605(b)(3)110 Stat. 3859(, , ; , , ; , , ; , (c)(4), , .)
Editorial Notes
References in Text
Pub. L. 97–3595 Stat. 643section 1101 of this titleThis subtitle, referred to in subsecs. (a) and (c), is subtitle E (§§ 1131–1169) of title XI of , , , known as the Northeast Rail Service Act of 1981. For complete classification of this subtitle to the Code, see Short Title note set out under and Tables.
Pub. L. 99–509100 Stat. 1892section 1301 of this titleThe Conrail Privatization Act, referred to in subsecs. (a) and (c), is subtitle A (§§ 4001–4052) of title IV of , , . Part 2 of that Act is classified principally to subchapter II (§ 1311 et seq.) of chapter 22 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 104–317, § 605(b)(3)1996—Subsec. (b). , added heading and text of subsec. (b) and struck out former subsec. (b) which read as follows: “A judgment of the special court in any action referred to in this section shall be reviewable only upon petition for a writ of certiorari to the Supreme Court of the United States. Such review is exclusive and any such petition shall be filed in the Supreme Court not more than 20 days after entry of such order or judgment.”
Pub. L. 104–317, § 605(c)(4)section 1407 of title 28Subsec. (d). , struck out subsec. (d) which read as follows: “If the volume of civil actions under subsection (a) of this section so requires, the United States Railway Association shall apply to the judicial panel on multi-district litigation authorized by for the assignment of additional judges to the special court. Within 30 days after the date of such application, the panel shall assign to the special court such additional judges as may be necessary to exercise the jurisdiction described in subsection (a) of this section.”
Pub. L. 100–3521988—Subsec. (b). struck out “, except that any order or judgment enjoining the enforcement, or declaring or determining the unconstitutionality or invalidity, of any provision of this subtitle shall be reviewable by direct appeal to the Supreme Court of the United States” at end of first sentence and substituted “such petition shall be filed in the Supreme Court” for “petition or appeal shall be filed” in second sentence.
Pub. L. 99–509, § 4033(c)(1)(A)(i)1986—Subsecs. (a), (b). , inserted “or part 2 of the Conrail Privatization Act” after “subtitle” wherever appearing.
Pub. L. 99–509, § 4033(c)(1)(A)Subsec. (c). , inserted “or part 2 of the Conrail Privatization Act” after “subtitle” in first sentence and “or part 2 of the Conrail Privatization Act, as the case may be,” after “subtitle” in second sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–317section 605(e) of Pub. L. 104–317section 719 of this titleAmendment by effective 90 days after , and except as otherwise provided, applicable to proceedings that arise or continue after such effective date, see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–352section 7 of Pub. L. 100–352section 1254 of Title 28Amendment by effective ninety days after , except that such amendment not to apply to cases pending in Supreme Court on such effective date or affect right to review or manner of reviewing judgment or decree of court which was entered before such effective date, see , set out as a note under , Judiciary and Judicial Procedure.
Cases Pending in Special Court
Pub. L. 104–317section 719(b) of this titlesection 605(d) of Pub. L. 104–317section 719 of this titleFor applicability of amendment by to cases pending in special court established under , see , set out as a note under .