-CITE-
    28 USC CHAPTER 157 - SURFACE TRANSPORTATION BOARD ORDERS;
           ENFORCEMENT AND REVIEW                          01/03/2007

-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 Repealed.]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".

-End-

-CITE-
    28 USC Sec. 2321                                            01/03/2007

-EXPCITE-
    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."

-End-

-CITE-
    28 USC Sec. 2322                                            01/03/2007

-EXPCITE-
    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.)

-End-

-CITE-
    28 USC Sec. 2323                                            01/03/2007

-EXPCITE-
    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.

-End-

-CITE-
    28 USC Secs. 2324, 2325                                     01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART VI - PARTICULAR PROCEEDINGS
    CHAPTER 157 - SURFACE TRANSPORTATION BOARD ORDERS; ENFORCEMENT AND
                   REVIEW                        

-HEAD-
    Secs. 2324, 2325. Repealed.

-MISC1-
    [Secs. 2324, 2325. Repealed. Pub. L. 93-584, Sec. 7, Jan. 2, 1975,
      88 Stat. 1918].
      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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