28 U.S.C. § 2348

Current through P.L. 118-21 (published on www.congress.gov on 11/13/2023)
Section 2348 - Representation in proceeding; intervention

The Attorney General is responsible for and has control of the interests of the Government in all court proceedings under this chapter. The agency, and any party in interest in the proceeding before the agency whose interests will be affected if an order of the agency is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review the order. Communities, associations, corporations, firms, and individuals, whose interests are affected by the order of the agency, may intervene in any proceeding to review the order. The Attorney General may not dispose of or discontinue the proceeding to review over the objection of any party or intervenor, but any intervenor may prosecute, defend, or continue the proceeding unaffected by the action or inaction of the Attorney General.

28 U.S.C. § 2348

Added Pub. L. 89-554, §4(e), Sept. 6, 1966, 80 Stat. 623.

DerivationU.S. CodeRevised Statutes and

Statutes at Large

5 U.S.C. 1038.Dec. 29, 1950, ch. 1189, §8, 64 Stat. 1131.
In the first sentence, the words "is responsible for and has control" are substituted for "shall be responsible for and have charge and control".In the last sentence, the word "may" is substituted for "shall". The word "aforesaid" following "any party or intervenor" is omitted as unnecessary. The words "any intervenor" and "inaction" are substituted for "said intervenor or intervenors" and "nonaction", respectively.

"agency" means-(A) the Commission, when the order sought to be reviewed was entered by the Federal Communications Commission, the Federal Maritime Commission, or the Atomic Energy Commission, as the case may be;(B) the Secretary, when the order was entered by the Secretary of Agriculture or the Secretary of Transportation;(C) the Administration, when the order was entered by the Maritime Administration;(D) the Secretary, when the order is under section 812 of the Fair Housing Act; and(E) the Board, when the order was entered by the Surface Transportation Board.