28 U.S.C. § 2321

Judicial review of Board’s orders and decisions; procedure generally; process

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(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.(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.)Historical and Revision Notes1948 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 NotesAmendments

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.

Statutory Notes and Related SubsidiariesEffective 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 1301 of Title 49, Transportation.

Effective Date of 1975 Amendment

Pub. L. 93–584, § 10, Jan. 2, 1975, 88 Stat. 1918, 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.”

Notes of Decisions

Cited in 326 cases (5 in the last 5 years), 1947–2025 · leading case: Kansas City S. Ry. Co. v. Great Lakes Carbon Corp., 624 F.2d 822 (8th Cir. 1980).

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Kansas City S. Ry. Co. v. Great Lakes Carbon Corp., 624 F.2d 822 (8th Cir. 1980). · cites it 6× “The district court implicitly decided whether joinder of the United States, a prerequisite for review under 28 U.S.C. §§ 2321 (a), 2342, was also required for it to review an order under 28 U.”

Atchison, Topeka & Santa Fe Ry. Co. v. Wichita Bd. of Trade, 412 U.S. 800 (1973). · cites it 4× “28 U. S. C. §§ 2321 , 2322. Railroads which appeared before the Commission have a right to intervene, 28 U.”

Chicago & North W. Transp. Co. v. Kalo Brick & Tile Co., 450 U.S. 311 (1981). · cites it 2× “8 If ultimately dissatisfied with the Commission’s action, a shipper may seek review of its action in the appropriate court of appeals, 28 U. S. C. §§ 2321 (a), 2342 (5). In addition, at the time that this action was filed in state court, § 1 (20) of the Act expressly provided…”

Interstate Com. Comm'n v. Bhd. of Locomotive Engineers, 482 U.S. 270 (1987). · cites it 2× “§ 2342 (except for certain orders not relevant here which are reviewed in the district courts, see 28 U. S. C. § 2321 ), the Act provides: "Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals…”

United Transp. Union v. Norfolk & W. Ry. Co., 822 F.2d 1114 (D.C. Cir. 1987). · cites it 5× “28 U.S.C. §§ 2321 (a), 2 2342(5). 3 We therefore affirm the district court.”

Potomac Elec. Power Co. v. Interstate Com. Comm'n & United States of Am., Consol. Rail Corp., Intervenor, 702 F.2d 1026 (D.C. Cir. 1983). · cites it 3× “The decision to reopen the proceedings could be construed to be a final order reviewable under 28 U.S.C. §§ 2321 and 2342(5); alternatively, 49 U.”

Penn-Cent. Merger & N & W Inclusion Cases, 389 U.S. 486 (1967). · cites it 4× “28 U. S. C. § 2321 . In addition, the United States waived possible objections on venue grounds to appearances by any party in the New York litigation.”

Ry. Labor Executives' Ass'n v. Pittsburgh & Lake Erie R.R. Co., Interstate Com. Comm'n, Intervenor, 845 F.2d 420 (3rd Cir. 1988). · cites it 3× “See 28 U.S.C. §§ 2321 (a), 2342(5). Moreover, P & LE claims, the arguments made by RLEA to the district court were the very same arguments the unions made to the ICC.”

N. Plains Resource Council, Inc. v. Surface Transp. Bd., 668 F.3d 1067 (9th Cir. 2011). “We have jurisdiction under 28 U.S.C. §§ 2321 (a), 2342(5), and 2344.”

Medina Cnty. Env't Action Ass'n v. Surface Transp. Bd., 602 F.3d 687 (5th Cir. 2010). “1 MCEAA petitions this court directly for review of the Decision, as it may under 28 U.S.C. §§ 2321 (a), 2342(5). At issue is whether the STB and the second respondent, the United States Fish and Wildlife Service (FWS), 2 complied with their obligations under § 7 of the…”

Burlington N. & Santa Fe Ry. Co. v. City of Houston, 171 S.W.3d 240 (Tex. App. 2005). · cites it 2× “See 28 U.S.C. §§ 2321 (a), 2342(5), 2344 (2000).”

Bhd. of Locomotive Engineers v. Boston & Maine Corp., 788 F.2d 794 (1st Cir. 1986). · cites it 2× “Judicial review of ICC orders is limited to an action brought pursuant to 28 U.S.C. §§ 2321 and 2342, and is exclusively within the jurisdiction of the courts of appeals; the district court has no jurisdiction over such an action.”

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— 28 U.S.C. § 2321(a) — 1 case

Eagle Cnty., Colorado v. STB, 82 F.4th 1152 (D.C. Cir. 2023).

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