--- kind: "section" citation: "16 U.S.C. § 2633" title: "16" title_heading: "Conservation" number: "2633" heading: "Judicial review and enforcement" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/2633" units: - "Chapter 46 — Public Utility Regulatory Policies" - "Subchapter III — Intervention and Judicial Review" --- # §2633. Judicial review and enforcement - (a) **Limitation of Federal jurisdiction—** Notwithstanding any other provision of law, no court of the United States shall have jurisdiction over any action arising under any provision of subchapter I or II or of this subchapter except for— - (1) an action over which a court of the United States has jurisdiction under subsection [(b)](#b) or [(c)(2)](#c-2); and - (2) review of any action in the Supreme Court of the United States in accordance with sections 1257 and 1258 of title 28. - (b) **Enforcement of intervention right—** - (1) The [Secretary](/usc/16/2602.md?p=14) may bring an action in any appropriate court of the United States to enforce his right to intervene and participate under [section 2631(a) of this title](/usc/16/2631.md?p=a), and such court shall have jurisdiction to grant appropriate relief. - (2) If any [electric utility](/usc/16/2602.md?p=4) or [electric consumer](/usc/16/2602.md?p=5) having a right to intervene under [section 2631(a) of this title](/usc/16/2631.md?p=a) is denied such right by any [State](/usc/16/2602.md?p=15) court, such [electric utility](/usc/16/2602.md?p=4) or [electric consumer](/usc/16/2602.md?p=5) may bring an action in the appropriate United States district court to require the [State regulatory authority](/usc/16/2602.md?p=17) or [nonregulated electric utility](/usc/16/2602.md?p=9) to permit such intervention and participation, and such court shall have jurisdiction to grant appropriate relief. - (3) Nothing in this subsection prohibits any [person](/usc/16/450rr–1.md?p=b) bringing any action under this subsection in a court of the United States from seeking review and enforcement at any time in any [State](/usc/16/2602.md?p=15) court of any rights he may have with respect to any motion to intervene or participate in any proceeding. - (c) **Review and enforcement—** - (1) Any [person](/usc/16/450rr–1.md?p=b) (including the [Secretary](/usc/16/2602.md?p=14)) may obtain review of any determination made under subchapter I or II or under this subchapter with respect to any [electric utility](/usc/16/2602.md?p=4) (other than a utility which is a [Federal agency](/usc/16/2602.md?p=7)) in the appropriate [State](/usc/16/2602.md?p=15) court if such [person](/usc/16/450rr–1.md?p=b) (or the [Secretary](/usc/16/2602.md?p=14)) intervened or otherwise participated in the original proceeding or if [State](/usc/16/2602.md?p=15) law otherwise permits such review. Any [person](/usc/16/450rr–1.md?p=b) (including the [Secretary](/usc/16/2602.md?p=14)) may bring an action to enforce the requirements of this chapter in the appropriate [State](/usc/16/2602.md?p=15) court, except that no such action may be brought in a [State](/usc/16/2602.md?p=15) court with respect to a utility which is a [Federal agency](/usc/16/2602.md?p=7). Such review or action in a [State](/usc/16/2602.md?p=15) court shall be pursuant to any applicable [State](/usc/16/2602.md?p=15) procedures. - (2) Any [person](/usc/16/450rr–1.md?p=b) (including the [Secretary](/usc/16/2602.md?p=14)) may obtain review in the appropriate court of the United States of any determination made under subchapter I or II or this subchapter by a [Federal agency](/usc/16/2602.md?p=7) if such [person](/usc/16/450rr–1.md?p=b) (or the [Secretary](/usc/16/2602.md?p=14)) intervened or otherwise participated in the original proceeding or if otherwise applicable law permits such review. Such court shall have jurisdiction to grant appropriate relief. Any [person](/usc/16/450rr–1.md?p=b) (including the [Secretary](/usc/16/2602.md?p=14)) may bring an action to enforce the requirements of subchapter I or II or this subchapter with respect to any [Federal agency](/usc/16/2602.md?p=7) in the appropriate court of the United States and such court shall have jurisdiction to grant appropriate relief. - (3) In [addition](/usc/16/410r–5.md?p=c-2) to his authority to obtain review under paragraph [(1)](#c-1) or [(2)](#c-2), the [Secretary](/usc/16/2602.md?p=14) may also participate as an amicus curiae in any review by any court of an action arising under the provisions of subchapter I or II or this subchapter. - (d) **Other authority of Secretary—** Nothing in this section prohibits the [Secretary](/usc/16/2602.md?p=14) from— - (1) intervening and participating in any proceeding, or - (2) intervening and participating in any review by any court of any action under [section 6804 of title 42](/usc/42/6804.md). ## Source credit (Pub. L. 95–617, title I, § 123, Nov. 9, 1978, 92 Stat. 3130.) ## Notes ### Editorial Notes ### References in Text This chapter, referred to in subsec. (c)(1), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.