28 U.S.C. § 1336 - Surface Transportation Board's orders

• Cite as: 28 U.S.C. § 1336

(a) Except as otherwise provided by Act of Congress, the district courts shall have jurisdiction of any civil action to enforce, in whole or in part, any order of the Surface Transportation Board, and to enjoin or suspend, in whole or in part, any order of the Surface Transportation Board for the payment of money or the collection of fines, penalties, and forfeitures.

(b) When a district court or the United States Court of Federal Claims refers a question or issue to the Surface Transportation Board for determination, the court which referred the question or issue shall have exclusive jurisdiction of a civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, any order of the Surface Transportation Board arising out of such referral.

(c) Any action brought under subsection (b) of this section shall be filed within 90 days from the date that the order of the Surface Transportation Board becomes final.

Cite as 28 U.S.C. § 1336

Source: June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 88-513, §1, Aug. 30, 1964, 78 Stat. 695; Pub. L. 93-584, §1, Jan. 2, 1975, 88 Stat. 1917; Pub. L. 97-164, title I, §128, Apr. 2, 1982, 96 Stat. 39; Pub. L. 102-572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104-88, title III, §305(a)(1), (2), Dec. 29, 1995, 109 Stat. 944.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., §41(27), (28) (Mar. 3, 1911, ch. 231, §§24(27), (28), 207, 36 Stat. 1091, 1148; Oct. 22, 1913, ch. 32, 38 Stat. 219).

Words "Except as otherwise provided by enactment of Congress" were inserted because of certain similar cases of which the courts of appeals are given jurisdiction. (See, for example, section 21 of title 15, U.S.C., 1940 ed., Commerce and Trade.)

Words "any civil action" were substituted for "all cases" and "cases" in view of Rule 2 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

EDITORIAL NOTES

AMENDMENTS

1995- Pub. L. 104-88 substituted "Surface Transportation Board's" for "Interstate Commerce Commission's" in section catchline and "Surface Transportation Board" for "Interstate Commerce Commission" wherever appearing in text.