Judicial review procedures

The deadline is 60 days, and you file in the U.S. Court of Appeals for the appropriate circuit. Under 24.112(a), any person adversely affected or aggrieved by a final order (including a decision by the Secretary on discretionary review) must file a petition for review within 60 days after issuance in the United States Court of Appeals for the circuit where the violation allegedly occurred or where the complainant resided on the date of the violation.

No — a final ARB order is not subject to use in criminal or other civil proceedings. The rule states that a final order of the ARB (or a decision issued by the Secretary on discretionary review) "is not subject to judicial review in any criminal or other civil proceeding," so it cannot be used as the basis for separate criminal or civil actions under 24.112(b).

You have 120 days to file a petition for review under the Federal Water Pollution Control Act. The regulation specifies that "within 120 days after the issuance of a final order ... any person adversely affected or aggrieved by the order may file a petition for review" in the appropriate U.S. Court of Appeals, as set out in 24.112(b).

You must file within 90 days. 24.112(c) states that any person adversely affected or aggrieved by a final order under the Solid Waste Disposal Act may file a petition for review in the appropriate U.S. Court of Appeals within 90 days after the issuance of the final order.

You file in the United States district court where the violation allegedly occurred. 24.112(d) provides that for orders issued under CERCLA, any person adversely affected or aggrieved may file a petition for review in the U.S. district court in which the violation allegedly occurred.

You may file in the U.S. Court of Appeals for the relevant circuit, and the filing deadline is set by the other statute(s). For judicial economy and consistency, 24.112(e) says that when a final order under CERCLA also is issued under any other statute listed in 24.100(a), the adversely affected person may file a petition for review of the entire order in the U.S. Court of Appeals for the circuit where the violation allegedly occurred or where the complainant resided, and the time for filing is determined by the time period applicable under the other statute(s).

A person "adversely affected or aggrieved" by the final order may file. 24.112(a) expressly allows any person who is adversely affected or aggrieved by the final order (including Secretary decisions on discretionary review) to petition for review in the appropriate U.S. Court of Appeals within the specified time period.

Yes — the 60-day period still applies when the Secretary issues a decision on discretionary review. 24.112(a) covers final orders "including a decision issued by the Secretary upon his or her discretionary review," and sets the 60-day filing deadline for petitions for review in the appropriate U.S. Court of Appeals.

The ARB or ALJ transmits the case record to the court under the Federal Rules of Appellate Procedure and the court's local rules. 24.112(e) states that if a timely petition for review is filed, the record of the case, including the administrative law judge's record, will be transmitted by the ARB or the ALJ to the appropriate court pursuant to the Federal Rules of Appellate Procedure and the local rules of the court.

File in the circuit where the alleged violation occurred or where the complainant lived on the date of the violation. 24.112(a) specifies that petitions for review go to the U.S. Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation.

The regulation sets strict filing periods but does not list procedural sanctions; failing to file within the applicable period will generally prevent the court from considering the petition. 24.112(a), 24.112(b), and 24.112(c) establish the time limits (60, 120, and 90 days respectively); courts commonly dismiss petitions filed after these statutory deadlines as untimely for lack of jurisdiction.

It means any person who suffers legal or practical harm from the final order and who has standing to challenge it. 24.112(a) uses the phrase "any person adversely affected or aggrieved by the order," which in practice includes parties whose rights, duties, or interests are directly altered by the order and who therefore have standing to seek judicial review in the appropriate court.

Yes — you may file in the Court of Appeals for the relevant circuit and the filing time follows the other statute's deadline. 24.112(e) states that when a final order under CERCLA also is issued under any statute listed in 24.100(a), the adversely affected person may file a petition for review of the entire order in the U.S. Court of Appeals for the circuit where the violation allegedly occurred or where the complainant resided; the time for filing is determined by the other statute(s).

Part 24, Subpart C, contains the judicial review rules for retaliation complaints under the covered environmental statutes. The regulation is found in Part 24, and the judicial review provision is 24.112, which is within the larger Part 24 procedures covering retaliation complaints under the Federal Employee Protection Provisions of the listed environmental statutes.