28 U.S.C. § 2321 - Judicial review of Board's orders and decisions; procedure generally; process

• Cite as: 28 U.S.C. § 2321

(a) Except as otherwise provided by an Act of Congress, a proceeding to enjoin or suspend, in whole or in part, a rule, regulation, or order of the Surface Transportation Board shall be brought in the court of appeals as provided by and in the manner prescribed in chapter 158 of this title.

(b) The procedure in the district courts in actions to enforce, in whole or in part, any order of the Surface Transportation Board other than for payment of money or the collection of fines, penalties, and forfeitures, shall be as provided in this chapter.

(c) The orders, writs, and process of the district courts may, in the cases specified in subsection (b) and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49, run, be served and be returnable anywhere in the United States.

Cite as 28 U.S.C. § 2321

Source: June 25, 1948, ch. 646, 62 Stat. 969; May 24, 1949, ch. 139, §115, 63 Stat. 105; Pub. L. 93-584, §5, Jan. 2, 1975, 88 Stat. 1917; Pub. L. 95-473, §2(a)(3)(B), Oct. 17, 1978, 92 Stat. 1465; Pub. L. 104-88, title III, §305(c)(1)(B), (C), Dec. 29, 1995, 109 Stat. 945.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., §44 (Oct. 22, 1913, ch. 32, 38 Stat. 220.)

Word "actions" was substituted for "cases," in view of rule 2 of the Federal Rules of Civil Procedure.

The exception as to procedure in the infliction of criminal punishment was omitted as unnecessary, as Title 18, U.S.C., Crimes and Criminal Procedure, and the Federal Rules of Criminal Procedure govern procedure in criminal matters.

Changes were made in phraseology.

1949 ACT

This section corrects, in section 2321 of title 28, U.S.C., the reference to certain sections in title 49, U.S.C. The provisions which were formerly set out as section 49 of such title 49, are now set out as section 23 of such title.

EDITORIAL NOTES

AMENDMENTS

1995- Pub. L. 104-88 substituted "Board's" for "Commission's" in section catchline and "Surface Transportation Board" for "Interstate Commerce Commission" in subsecs. (a) and (b).