-CITE-

28 USC CHAPTER 157 - SURFACE TRANSPORTATION BOARD ORDERS;

ENFORCEMENT AND REVIEW 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 157 - SURFACE TRANSPORTATION BOARD ORDERS; ENFORCEMENT AND

REVIEW

-HEAD-

CHAPTER 157 - SURFACE TRANSPORTATION BOARD ORDERS; ENFORCEMENT AND

REVIEW

-MISC1-

Sec.

2321. Judicial review of Board's orders and decisions;

procedure generally; process.

2322. United States as party

2323. Duties of Attorney General; intervenors.

[2324, 2325. Repealed.]

AMENDMENTS

1995 - Pub. L. 104-88, title III, Sec. 305(c)(1)(A), (E), Dec.

29, 1995, 109 Stat. 944, 945, substituted "SURFACE TRANSPORTATION

BOARD" for "INTERSTATE COMMERCE COMMISSION" in chapter heading and

"Board's" for "Commission's" in item 2321.

1975 - Pub. L. 93-584, Sec. 8, Jan. 2, 1975, 88 Stat. 1918,

substituted "Judicial Review of Commission's orders and decisions;

procedure generally; process" for "Procedure generally; process" in

item 2321 and struck out item 2324 "Stay of Commission's order" and

item 2325 "Injunction; three-judge court required".

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28 USC Sec. 2321 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 157 - SURFACE TRANSPORTATION BOARD ORDERS; ENFORCEMENT AND

REVIEW

-HEAD-

Sec. 2321. Judicial review of Board's orders and decisions;

procedure generally; process

-STATUTE-

(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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 969; May 24, 1949, ch. 139, Sec.

115, 63 Stat. 105; Pub. L. 93-584, Sec. 5, Jan. 2, 1975, 88 Stat.

1917; Pub. L. 95-473, Sec. 2(a)(3)(B), Oct. 17, 1978, 92 Stat.

1465; Pub. L. 104-88, title III, Sec. 305(c)(1)(B), (C), Dec. 29,

1995, 109 Stat. 945.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 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.

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).

1978 - Subsec. (c). Pub. L. 95-473 substituted "enforcement

actions and actions to collect civil penalties under subtitle IV of

title 49" for "actions under section 20 of the Act of February 4,

1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the

Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and

section 3 of the Act of February 19, 1903, as amended (32 Stat.

848; 49 U.S.C. 43)".

1975 - Subsec. (a). Pub. L. 93-584 designated existing provisions

as subsecs. (b) and (c) and added subsec. (a).

Subsec. (b). Pub. L. 93-584 designated existing first par. as

subsec. (b) and substituted "in whole or in part, any order of the

Interstate Commerce Commission other than for", for "suspend,

enjoin, annual or set aside in whole or in part any order of the

Interstate Commerce Commission other than for the".

Subsec. (c). Pub. L. 93-584 designated existing second par. as

subsec. (c), substituted reference to subsec. (b) of this section

for reference to this section, and inserted references to the dates

of enactment, statute citations and code references of sections 20,

23 and 43 of Title 49.

1949 - Act May 24, 1949, substituted "20, 23, and 43" for "20,

43, and 49" in second par.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 10 of Pub. L. 93-584 provided that: "This Act [amending

this section, sections 1336, 1398, 2323, 2341, and 2342 of this

title, and section 305 of former Title 49, Transportation, and

repealing sections 2324 and 2325 of this title] shall not apply to

any action commenced on or before the last day of the first month

beginning after the date of enactment [Jan. 2, 1975]. However,

actions to enjoin or suspend orders of the Interstate Commerce

Commission which are pending when this Act becomes effective shall

not be affected thereby, but shall proceed to final disposition

under the law existing on the date they were commenced."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2322, 2323, 2342 of this

title.

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28 USC Sec. 2322 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 157 - SURFACE TRANSPORTATION BOARD ORDERS; ENFORCEMENT AND

REVIEW

-HEAD-

Sec. 2322. United States as party

-STATUTE-

All actions specified in section 2321 of this title shall be

brought by or against the United States.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 969.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 48 (Mar. 3, 1911, ch.

231, Sec. 211, 36 Stat. 1150; Oct. 22, 1913, ch. 32, 38 Stat. 219).

Word "actions" was substituted for "cases and proceedings", in

view of Rule 2 of the Federal Rules of Civil Procedure.

A provision authorizing intervention by the United States was

omitted. The United States, under the provisions of this section,

is a necessary and indispensable original party, and hence

intervention is unnecessary. (See Lambert Run Coal Co. v. Baltimore

& O. R. Co., 1922, 42 S.Ct. 349, 258 U.S. 377, 66 L.Ed. 671.)

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28 USC Sec. 2323 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 157 - SURFACE TRANSPORTATION BOARD ORDERS; ENFORCEMENT AND

REVIEW

-HEAD-

Sec. 2323. Duties of Attorney General; intervenors

-STATUTE-

The Attorney General shall represent the Government in the

actions specified in section 2321 of this title and in enforcement

actions and actions to collect civil penalties under subtitle IV of

title 49.

The Surface Transportation Board and any party or parties in

interest to the proceeding before the Board, in which an order or

requirement is made, may appear as parties of their own motion and

as of right, and be represented by their counsel, in any action

involving the validity of such order or requirement or any part

thereof, and the interest of such party.

Communities, associations, corporations, firms, and individuals

interested in the controversy or question before the Board, or in

any action commenced under the aforesaid sections may intervene in

said action at any time after commencement thereof.

The Attorney General shall not dispose of or discontinue said

action or proceeding over the objection of such party or

intervenor, who may prosecute, defend, or continue said action or

proceeding unaffected by the action or nonaction of the Attorney

General therein.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 970; May 24, 1949, ch. 139, Sec.

116, 63 Stat. 105; Pub. L. 93-584, Sec. 6, Jan. 2, 1975, 88 Stat.

1917; Pub. L. 95-473, Sec. 2(a)(3)(C), Oct. 17, 1978, 92 Stat.

1465; Pub. L. 104-88, title III, Sec. 305(c)(1)(C), (D), Dec. 29,

1995, 109 Stat. 945.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 45a (Mar. 3, 1911, ch.

231, Secs. 212, 213, 36 Stat. 1150, 1151; Oct. 22, 1913, ch. 32, 38

Stat. 220).

The provision in the second sentence of section 45a of title 28,

U.S.C., 1940 ed., authorizing the Attorney General to employ and

compensate special attorneys was omitted as covered by sections 503

and 508 [now 543 and 548] of this title. The provision in the same

sentence authorizing the court to make rules for the conduct and

procedure of actions under this section were omitted as covered by

the Federal Rules of Civil Procedure and section 2071 of this title

relating to authority of district courts to promulgate local rules

of procedure.

The last paragraph of section 45a of title 28, U.S.C., 1940 ed.,

was omitted as merely repetitive of the language immediately

following the first proviso.

Word "action" was substituted for "suit" in conformity with Rule

2 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

1949 ACT

This section corrects, in section 2323 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.

AMENDMENTS

1995 - Pub. L. 104-88 substituted "Surface Transportation Board"

for "Interstate Commerce Commission" and substituted "the Board"

for "the Commission" in two places.

1978 - Pub. L. 95-473 substituted "enforcement actions and

actions to collect civil penalties under subtitle IV of title 49"

for "actions under section 20 of the Act of February 4, 1887, as

amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May

16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of

the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C.

43)" in first par.

1975 - Pub. L. 93-584 struck out reference to the district courts

and the Supreme Court of the United States upon appeal from the

district courts as the courts in which the Attorney General can

represent the United States in first par.

1949 - Act May 24, 1949, substituted "20, 23, and 43" for "20,

43, and 49" in first par.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-584 not applicable to actions commenced

on or before last day of first month beginning after Jan. 2, 1975,

and actions to enjoin or suspend orders of Interstate Commerce

Commission which are pending when this amendment becomes effective

shall not be affected thereby, but shall proceed to final

disposition under the law existing on the date they were commenced,

see section 10 of Pub. L. 93-584, set out as a note under section

2321 of this title.

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28 USC Secs. 2324, 2325 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 157 - SURFACE TRANSPORTATION BOARD ORDERS; ENFORCEMENT AND

REVIEW

-HEAD-

[Secs. 2324, 2325. Repealed. Pub. L. 93-584, Sec. 7, Jan. 2, 1975,

88 Stat. 1918]

-MISC1-

Section 2324, act June 25, 1948, ch. 646, 62 Stat. 970, related

to power of court to restrain or suspend operation of orders of

Interstate Commerce Commission pending final hearing and

determination of action.

Section 2325, act June 25, 1948, ch. 646, 62 Stat. 970, related

to requirement of a three judge district court to hear and

determine interlocutory or permanent injunctions restraining

enforcement, operation or execution of orders of Interstate

Commerce Commission.

EFFECTIVE DATE OF REPEAL

Repeal applicable to actions commenced on or before last day of

first month beginning after Jan. 2, 1975, and actions to enjoin or

suspend orders of Interstate Commerce Commission which are pending

when this repeal becomes effective shall not be affected thereby,

but shall proceed to final disposition under the law existing on

the date they were commenced, see section 10 of Pub. L. 93-584, set

out as an Effective Date of 1975 Amendment note under section 2321

of this title.

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