42 U.S.C. § 7192

Judicial review

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(a) Agency action

Judicial review of agency action taken under any law the functions of which are vested by law in, or transferred or delegated to the Secretary, the Commission or any officer, employee, or component of the Department shall, notwithstanding such vesting, transfer, or delegation, be made in the manner specified in or for such law.

(b) Review by district court of United States; removal

Notwithstanding the amount in controversy, the district courts of the United States shall have exclusive original jurisdiction of all other cases or controversies arising exclusively under this chapter, or under rules, regulations, or orders issued exclusively thereunder, other than any actions taken to implement or enforce any rule, regulation, or order by any officer of a State or local government agency under this chapter, except that nothing in this section affects the power of any court of competent jurisdiction to consider, hear, and determine in any proceeding before it any issue raised by way of defense (other than a defense based on the unconstitutionality of this chapter or the validity of action taken by any agency under this chapter). If in any such proceeding an issue by way of defense is raised based on the unconstitutionality of this chapter or the validity of agency action under this chapter, the case shall be subject to removal by either party to a district court of the United States in accordance with the applicable provisions of chapter 89 of title 28. Cases or controversies arising under any rule, regulation, or order of any officer of a State or local government agency may be heard in either (A) any appropriate State court, or (B) without regard to the amount in controversy, the district courts of the United States.

Subject to the provisions of section 7171(i) of this title and notwithstanding any other law, the litigation of the Department shall be subject to the supervision of the Attorney General pursuant to chapter 31 of title 28. The Attorney General may authorize any attorney of the Department to conduct any civil litigation of the Department in any Federal court except the Supreme Court.

(Pub. L. 95–91, title V, § 502, Aug. 4, 1977, 91 Stat. 589.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.

Notes of Decisions

Cited in 43 cases (2 in the last 5 years), 1978–2026 · leading case: Texaco Inc. v. Dep't of Energy, 616 F.2d 1193 (Temp. Emerg. Ct. App. 1979).

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Texaco Inc. v. Dep't of Energy, 616 F.2d 1193 (Temp. Emerg. Ct. App. 1979). · cites it 5× “The DOE Act, 42 U.S.C. § 7192 , in turn, provides that: (a) Judicial review of agency action taken under any law the functions of which aré vested by law in, or transferred or delegated to the Secretary, the Commission or any officer, employee, or component of the Department…”

MGPC, Inc. v. Dep't of Energy, 673 F.2d 1277 (Temp. Emerg. Ct. App. 1982). · cites it 3× “42 U.S.C. § 7192 (a). See generally Texaco, *1281 Inc.”

United States v. Metro. Petroleum Co., Inc., 743 F. Supp. 820 (S.D. Fla. 1990). · cites it 5× “Defendants also claim that 42 U.S.C. § 7192 (b) provides that, notwithstanding the statute of limitations, this Court may review an agency action where the initiation of review is sought by way of defense to an enforcement action, provided that the party seeking review has…”

Caribou Four Corners, Inc. v. Am. Oil Co., 628 F. Supp. 363 (D. Utah 1985). · cites it 4× “§ 1331 , 42 U.S.C. § 7192 (b) and Rule 8(a)(1) of the Federal Rules of Civil Procedure as grounds for the invocation of this Court’s jurisdiction over the common law claims.”

Ass'n of Oil Pipe Lines v. Fed. Energy Regulatory Comm'n, Kaneb Pipe Line Operating P'ship, L.P., Intervenors, 83 F.3d 1424 (D.C. Cir. 1996). “See 42 U.S.C. § 7192 (a). Moreover, Southern Natural has no bearing on an agency's obligation to provide opportunity for comment.”

Citronelle-Mobile Gathering, Inc. v. Herrington, 826 F.2d 16 (Temp. Emerg. Ct. App. 1987). “We have jurisdiction under Section 502 of the Department of Energy Organization Act (DOE Act), 42 U.S.C. § 7192 ; §§ 208, 209 and 211 of the Economic Stabilization Act (ESA), 12 U.”

Gulf Oil Corp. v. United States Dep't of Energy, 663 F.2d 296 (D.C. Cir. 1981). “Section 503(e) of the Act states in full that Nothing in preceding provisions of this section shall be construed to affect any procedural action taken by the Secretary prior to or incident to initial issuance of a remedial order which is the subject of the hearing provided in…”

Citronelle-Mobile Gathering, Inc. v. O'LEARY, 499 F. Supp. 871 (S.D. Ala. 1980). “…Allocation Act of 1973, 15 U.S.C. § 754 (a), and pursuant to § 502(b) of the Department of Energy Organization Act, 42 U.S.C. § 7192 (b). I. Limitations The defendants contend that the government’s claim for restitution under § 209 of the Economic Stabilization Act is barred…”

Quincy Oil, Inc. v. Fed. Energy Admin., 620 F.2d 890 (Temp. Emerg. Ct. App. 1980). “Section 502(b) of the Act, 42 U.S.C. § 7192 (b), thus controls judicial review.”

Mobil Oil Corp. v. Tully, 499 F. Supp. 888 (N.D.N.Y. 1980). “§ 754 (a)], and section 502(b) of the Department of Energy Organization Act, 42 U.S.C. § 7192 (b). 1 The three actions are presently before the Court on the defendants’ motion to dismiss pursuant to the Tax Injunction Act, 28 U.”

Pennzoil Expl. & Prod. Co. v. Lujan, 928 F.2d 1139 (Temp. Emerg. Ct. App. 1991). “The situation there involved the authority of certain agencies of the DOE to make orders as to which the 1977 Department of Energy Organization Act, 42 U.S.C. § 7192 , made no provision for appeals to the TECA.”

Pennzoil Co. v. Dep't of Energy, 466 F. Supp. 238 (D. Del. 1979). “…12 U.S.C. § 1904 note at § 211, as incorporated in Section 502(a) of the Department of Energy Organization Act, 42 U.S.C. § 7192 ; and 28 U.S.C. §§ 1331 , 1337, 2201 and 2202. Before the Court is the DOE’s motion to dismiss the complaint on the grounds that Pennzoil has…”

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