(a) District court reviewExcept as otherwise provided in this subchapter, the refusal of the Administrator to cancel or suspend a registration or to change a classification not following a hearing and other final actions of the Administrator not committed to the discretion of the Administrator by law are judicially reviewable by the district courts of the United States.
(b) Review by court of appealsIn the case of actual controversy as to the validity of any order issued by the Administrator following a public hearing, any person who will be adversely affected by such order and who had been a party to the proceedings may obtain judicial review by filing in the United States court of appeals for the circuit wherein such person resides or has a place of business, within 60 days after the entry of such order, a petition praying that the order be set aside in whole or in part. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administrator or any officer designated by the Administrator for that purpose, and thereupon the Administrator shall file in the court the record of the proceedings on which the Administrator based the Administrator’s order, as provided in section 2112 of title 28. Upon the filing of such petition the court shall have exclusive jurisdiction to affirm or set aside the order complained of in whole or in part. The court shall consider all evidence of record. The order of the Administrator shall be sustained if it is supported by substantial evidence when considered on the record as a whole. The judgment of the court affirming or setting aside, in whole or in part, any order under this section shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. The commencement of proceedings under this section shall not, unless specifically ordered by the court to the contrary, operate as a stay of an order.
(c) Jurisdiction of district courtsThe district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of, this subchapter.
(d) Notice of judgmentsThe Administrator shall, by publication in such manner as the Administrator may prescribe, give notice of all judgments entered in actions instituted under the authority of this subchapter.
Structure US Code
CHAPTER 6— INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II— ENVIRONMENTAL PESTICIDE CONTROL
§ 136a. Registration of pesticides
§ 136a–1. Reregistration of registered pesticides
§ 136c. Experimental use permits
§ 136d. Administrative review; suspension
§ 136e. Registration of establishments
§ 136g. Inspection of establishments, etc.
§ 136h. Protection of trade secrets and other information
§ 136i. Use of restricted use pesticides; applicators
§ 136i–1. Pesticide recordkeeping
§ 136i–2. Collection of pesticide use information
§ 136k. Stop sale, use, removal, and seizure
§ 136n. Administrative procedure; judicial review
§ 136p. Exemption of Federal and State agencies
§ 136q. Storage, disposal, transportation, and recall
§ 136r. Research and monitoring
§ 136r–1. Integrated Pest Management
§ 136s. Solicitation of comments; notice of public hearings
§ 136t. Delegation and cooperation
§ 136u. State cooperation, aid, and training
§ 136w. Authority of Administrator
§ 136w–1. State primary enforcement responsibility
§ 136w–2. Failure by the State to assure enforcement of State pesticide use regulations
§ 136w–3. Identification of pests; cooperation with Department of Agriculture’s program
§ 136w–5. Minimum requirements for training of maintenance applicators and service technicians
§ 136w–6. Environmental Protection Agency minor use program
§ 136w–7. Department of Agriculture minor use program