---
kind: "section"
citation: "28 U.S.C. § 3902"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "3902"
heading: "Judicial review of regulations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/3902"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 179 — Judicial Review of Certain Actions by Presidential Offices"
---

# §3902. Judicial review of regulations


In any proceeding under section [1296](/usc/28/1296.md) or [1346(g)](/usc/28/1346.md?p=g) of this title in which the application of a regulation issued under [chapter 5](/usc/3/chch5.md) of title 3 is at issue, the [court](/usc/28/3002.md?p=2) may review the validity of the regulation in accordance with the provisions of subparagraphs (A) through (D) of [section 706(2) of title 5](/usc/5/706.md?p=2). If the [court](/usc/28/3002.md?p=2) determines that the regulation is invalid, the [court](/usc/28/3002.md?p=2) shall apply, to the extent necessary and appropriate, the most relevant substantive executive [agency](/usc/28/2341.md?p=3) regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regulations issued under this chapter is not subject to judicial review.


## Source credit

(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title.