Pub. L. 110-314, tit. II, subtit. D, sec. 236
EXPEDITED JUDICIAL REVIEW.
SEC. 236. EXPEDITED JUDICIAL REVIEW.(a) In General.—Section 11 (15 U.S.C. 2060) is amended by adding at the end thereof the following:“(g) Expedited Judicial Review.—“(1) Application.—This subsection applies, in lieu of the preceding subsections of this section, to judicial review of—“(A) any consumer product safety rule promulgated by the Commission pursuant to section 15(j) (relating to identification of substantial hazards);“(B) any consumer product safety standard promulgated by the Commission pursuant to section 42 (relating to all-terrain vehicles);“(C) any standard promulgated by the Commission under section 104 of the Consumer Product Safety Improvement Act of 2008 (relating to durable infant and toddler products); and“(D) any consumer product safety standard promulgated by the Commission under section 106 of the Consumer Product Safety Improvement Act of 2008 (relating to mandatory toy safety standards).“(2) In general.—Not later than 60 days after the promulgation, by the Commission, of a rule or standard to which this subsection applies, any person adversely affected by such rule or standard may file a petition with the United States Court of Appeals for the District of Columbia Circuit 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, United States Code.“(3) Review.—Upon the filing of the petition under paragraph (2) of this subsection, the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, 122 STAT. 3076 United States Code, and to grant appropriate relief, including interim relief, as provided in such chapter.“(4) Conclusiveness of judgment.—The judgment of the court affirming or setting aside, in whole or in part, any final rule 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, United States Code.“(5) Further review.—A rule or standard with respect to which this subsection applies shall not be subject to judicial review in proceedings under section 17 (relating to imported products) or in civil or criminal proceedings for enforcement.”.(b) Pending Actions Unaffected.—The amendment made by subsection (a) shall not apply to any petition filed before the date of enactment of this Act for judicial review of any action by the Consumer Product Safety Commission.