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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 6869 Judicial review of final action by Secretary on application us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 81 ENERGY CONSERVATION AND RESOURCE RENEWAL 6869 42 U.S.C. § 6869 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s6869 data/legal/raw/us/code/title-42/usc42.xml dbf0a37176c5c67ae27a08a0d89a8fc781dc13e5fd86866c9e2e369b3cb70fa2 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e fee636bcf1491e5a19916e562db2be7874face38d73cafca9fb6c978448cd923 2026-07-04 official
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42 U.S.C. § 6869 - Judicial review of final action by Secretary on application

Text

(a) Time for appeal; jurisdiction; filing of administrative record by Secretary If any applicant is dissatisfied with the Secretarys final action with respect to the application submitted by it under section 6864 of this title or with a final action under section 6868 of this title, such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the State involved is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28.

(b) Conclusiveness of findings of Secretary; remand; modified findings by Secretary; certification of record The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. The court may, for good cause shown, remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. The Secretary shall certify to the court the record of any such further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(c) Power of court to affirm or set aside action of Secretary; appeal to Supreme Court The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28.

(Pub. L. 94385, title IV, § 419, Aug. 14, 1976, 90 Stat. 1157; Pub. L. 96294, title V, § 577(2), (3), June 30, 1980, 94 Stat. 760.)

Notes

Editorial Notes

Amendments1980—Subsecs. (a) to (c). Pub. L. 96294 substituted “Secretary” for “Administrator” wherever appearing, and “Secretarys” for “Administrators”.