A bill to amend title 28, United States Code, to provide for the selection of the court of appeals to decide multiple appeals filed with respect to the same agency order.
PL 100-236 (H.R.1162), enacted 01/08/1988

PUBLIC LAW 100-236—JAN. 8, 1988 
101 STAT. 1731 
Public Law 100-236 
100th Congress 
An Act 
To amend title 28, United States Code, to provide for the selection of the court of 
Jan. 8, 1988 
appeals to decide multiple appeals filed with respect to the same agency order. 
[H.R. 1162] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1, SELECTION OF COURT FOR MULTIPLE APPEALS. 
Section 2112(a) of title 28, United States Code, is amended by 
striking out the last three sentences and inserting in lieu thereof the 
following: "If proceedings are instituted in two or more courts of 
appeals with respect to the same order, the following shall apply: 
"(1) If within ten days after issuance of the order the agency, 
board, commission, or officer concerned receives, from the per-
sons instituting the proceedings, the petition for review with 
respect to proceedings in at least two courts of appeals, the 
agency, board, commission, or officer shall proceed in accord-
ance with paragraph (3) of this subsection. If within ten days 
after the issuance of the order the agency, board, commission, or 
officer concerned receives, from the persons instituting the 
proceedings, the petition for review with respect to proceedings 
in only one court of appeals, the agency, board, commission, or 
officer shall file the record in that court notwithstanding the 
institution in any other court of appeals of proceedings for 
review of that order. In all other cases in which proceedings 
have been instituted in two or more courts of appeals with 
respect to the same order, the agency, board, commission, or 
officer concerned shall file the record in the court in which 
proceedings with respect to the order were first instituted. 
"(2) For purposes of paragraph (1) of this subsection, a copy of 
the petition or other pleading which institutes proceedings in a 
court of appeals and which is stamped by the court with the 
date of filing shall constitute the petition for review. Each 
agency, board, commission, or officer, as the case may be, shall 
designate by rule the office and the officer who must receive 
petitions for review under paragraph (1). 
"(3) If an agency, board, commission, or officer receives two or 
more petitions for review of an order in accordance with the 
first sentence of paragraph (1) of this subsection, the agency, 
board, commission, or officer shall, promptly after the expira-
tion of the ten-day period specified in that sentence, so notify 
the judicial panel on multidistrict litigation authorized by sec-
tion 1407 of this title, in such form as that panel shall prescribe. 
The judicial panel on multidistrict litigation shall, by means of 
random selection, designate one court of appeals, from among 
the courts of appeals in which petitions for review have been 
filed and received within the ten-day period specified in the first 
sentence of paragraph (1), in which the record is to be filed, and 
shall issue an order consolidating the petitions for review in 
that court of appeals. The judicial panel on multidistrict litiga-
101 STAT. 1732 
PUBLIC LAW 100-236—JAN. 8, 1988 
tion shall, after providing notice to the public and an oppor-
tunity for the submission of comments, prescribe rules with 
respect to the consolidation of proceedings under this para-
graph. The agency, board, commission, or officer concerned 
shall file the record in the court of appeals designated pursuant 
to this paragraph. 
' * 
"(4) Any court of appeals in which proceedings with respect to 
an order of an agency, board, commission, or officer have been 
instituted may, to the extent authorized by law, stay the effec-
tive date of the order. Any such stay may thereafter be modi-
fied, revoked, or extended by a court of appeals designated 
pursuant to paragraph (3) with respect to that order or by any 
other court of appeals to which the proceedings ase-transferred. 
"(5) All courts in which proceedings are instituted with re-
spect to the same order, other than the court in which the 
record is filed pursuant to this subsection, shall transfer those 
proceedings to the court in which the record is so filed. For the 
convenience of the parties in the interest of justice, the court in 
which the record is filed may thereafter transfer all the 
proceedings with respect to that order to any other court of 
appeals.". 
SEC. 2. CONFORMING AMENDMENT. 
Section 509(b) of the Federal Water Pollution Control Act (33 
U.S.C. 1369(b)) is amended by striking out paragraph (3) and re-
designating paragraph (4) as paragraph (3). 
28 u s e 2112 
SEC. 3. EFFECTIVE DATE. 
The amendments made by this Act take effect 180 days after the 
date of the enactment of this Act, except that the judicial panel on 
multidistrict litigation may issue rules pursuant to subsection (a)(3) 
of section 2112 of title 28, United States Code (as added by section 1), 
on or after such date of enactment. 
Approved January 8, 1988. 
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LEGISLATIVE HISTORY—H.R. 1162 (S. 1134): 
HOUSE REPORTS: No. 100-72 (Comm. on the Judiciary). 
SENATE REPORTS: No. 100-263 accompanying S. 1134 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
May 27, considered and passed House. 
Dec. 19, S. 1134 and H.R. 1162 considered and passed Senate.