Page:United States Statutes at Large Volume 85.djvu/779

 85 STAT. ]

PUBLIC LAW 92-210-DEC. 22, 1971

749

States in accordance with the applicable provisions of chapter 89 of title 28, United States Code. 28 USC i44i. "(b)(1) There is hereby created a court of the United States to be e^c"'^°ourt ofT*^ known as the Temporary Emergency Court of Appeals, which shall peais^. consist of three or more judges to be designated by the Chief Justice Establishment, of the United States from judges of the United States district courts and circuit courts of appeals. The Chief Justice of the United States shall designate one of such judges as chief judge of the Temporary Emergency Court of Appeals, and may, from time to time, designate additional judges for such court and revoke previous designations. The chief judge may, from time to time, divide the court into divisions of three or more members, and any such division may render judgment as the judgment of the court. Except as provided in subsection (d)(2) of this section, the court shall not have power to issue any interlocutory decree staying or restraining in whole or in part any provision of this title, or the effectiveness of any regulation or order issued thereunder. In all other respects, the court shall have the powers of a circuit court of appeals with respect to the jurisdiction conferred on it by this title. The court shall exercise its powers and prescribe rules governing its procedure in such manner as to expedite the determination of cases over which it has jurisdiction under this title. The court shall have a seal, hold sessions at such places as it may specify, and appoint a clerk and such other employees as it deems necessary or proper. "(2) Except as otherwise provided in this section, the Temporary Jurisdiction. Emergency Court of Appeals shall have exclusive jurisdiction of all appeals from the district courts of the United States in cases and controversies arising under this title or under regulations or orders issued thereunder. Such appeals shall be taken by the filing of a notice of appeal with the Temporary Emergency Court of Appeals within thirty days of the entry of judgment by the district court. "(c) In any action commenced undei' this title in any district court of the United States in which the court determines that a substantial constitutional issue exists, the court shall certify such issue to the Temporary Emergency Court of Appeals. Upon such certification, the Temporary Emergency Court of Appeals shall determine the appropriate manner of disposition which may include a determination that the entire action be sent to it for consideration or it may, on the issues certified, give binding instructions and remand the action to the certifying couit for further disposition. " (d)(1) Subject to paragraph (2), no regulation of any agency Enjoinment. exercising authority under this title shall be enjoined or set aside, in whole or in part, luiless a final judgment determines that the issuance of such regulation was in excess of the agency's authority, was arbitrary or capricious, oi" was otherwise unlawful under the criteria set forth in section 706(2) of title 5, United States Code, and no order ^° ^'^*- ^'^^' of such agency shall be enjoined or set aside, in whole or in part, unless a final judgment determines that such order is in excess of the agency's authority, or is based upon findings which are not supported by substantial evidence. " (2) A district court of the United States or the Temporary Emergency Court of Appeals may enjoin temporarily or permanently the application of a particular regulation or order issued under this title to a person who is a party to litigation before it. Appeals from interlocutory decisions by a district court of the United States under this paragraph may be taken in accordance with the provisions of section 1292(b) of title 28, United States Code; except that reference '^^ Stat. i77o. in such section to the courts of appeals shall be deemed to refer to the Temporary Emergency Court of Appeals. " (e)(1) Except as provided in subsection (d) of this section, no interlocutory or permanent injunction restraining the enforcement,

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