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Consumer Product Safety Act
15 U.S.C. Section 2060
§ 2060. Judicial review of consumer product safety rules
(a) Petition by persons adversely affected, consumers, or consumer
organizations
Not later than 60 days after a consumer product safety rule is
promulgated by the Commission, any person adversely affected by such rule, or any consumer
or consumer organization, may file a petition with the United States court of appeals for
the District of Columbia, or for the circuit in which such person, consumer, or
organization resides or has his principal place of business for judicial review of such
rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to
the Commission or other officer designated by it for that purpose and to the Attorney
General. The record of the proceedings on which the Commission based its rule shall be
filed in the court as provided for in section 2112 of title 28. For purposes
of this section, the term "record" means such consumer product safety rule; any
notice or proposal published pursuant to section 2056, 2057, or 2058 of this title; the
transcript required by section 2058(d)(2)
of this title of any oral presentation; any written submission of interested parties; and
any other information which the Commission considers relevant to such rule.
(b) Additional data, views, or arguments
If the petitioner applies to the court for leave to adduce
additional data, views, or arguments and shows to the satisfaction of the court that such
additional data, views, or arguments are material and that there were reasonable grounds
for the petitioner's failure to adduce such data, views, or arguments in the proceeding
before the Commission, the court may order the Commission to provide additional
opportunity for the oral presentation of data, views, or arguments and for written
submissions. The Commission may modify its findings, or make new findings by reason of the
additional data, views, or arguments so taken and shall file such modified or new
findings, and its recommendation, if any, for the modification or setting aside of its
original rule, with the return of such additional data, views, or arguments.
(c) Jurisdiction; costs and attorneys' fees; substantial evidence to
support administrative findings
Upon the filing of the petition under subsection (a) of this section
the court shall have jurisdiction to review the consumer product safety rule in accordance
with chapter 7 of title 5, and to grant appropriate relief, including interim relief, as
provided in such chapter. A court may in the interest of justice include in such relief an
award of the costs of suit, including reasonable attorneys' fees (determined in accordance
with subsection (f) of this section (FOOTNOTE 1) and reasonable expert witnesses' fees.
Attorneys' fees may be awarded against the United States (or any agency or official of the
United States) without regard to section 2412 of title 28 or any other
provision of law. The consumer product safety rule shall not be affirmed unless the
Commission's findings under sections 2058(f)(1) and 2058(f)(3) of this title are
supported by substantial evidence on the record taken as a whole.
(FOOTNOTE 1) So in original. Probably should be followed by a
closing parenthesis.
(d) Supreme Court review
The judgment of the court affirming or setting aside, in whole or in
part, any consumer product safety rule 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.
(e) Other remedies
The remedies provided for in this section shall be in addition to
and not in lieu of any other remedies provided by law.
(f) Computation of reasonable fee for attorney
For purposes of this section and sections 2072(a) and 2073 of this title, a
reasonable attorney's fee is a fee (1) which is based upon (A) the actual time expended by
an attorney in providing advice and other legal services in connection with representing a
person in an action brought under this section, and (B) such reasonable expenses as may be
incurred by the attorney in the provision of such services, and (2) which is computed at
the rate prevailing for the provision of similar services with respect to actions brought
in the court which is awarding such fee.
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