§719. Judicial review
(a) General
Notwithstanding any other provision of law, the final system plan which is adopted by the Association and which becomes effective after review by the Congress is not subject to review by any court except in accordance with this section. After the final system plan becomes effective under section 718 of this title, it may be reviewed with respect to matters concerning the value of the rail properties to be conveyed under the plan and the value of the consideration to be received for such properties.
(b) Special court
(1) Within 30 days after January 2, 1974, the Association shall make application to the judicial panel on multi-district litigation authorized by section 1407 of title 28 for the consolidation in a single, three-judge district court of the United States of all judicial proceedings with respect to the final system plan. Within 30 days after such application is received, the panel shall make the consolidation in a district court (cited herein as the "special court") which the panel determines to be convenient to the parties and the one most likely to be able to conduct any proceedings under this section with the least delay and the greatest possible fairness and ability. Such proceedings shall be conducted by the special court which shall be composed of three Federal judges who shall be selected by the panel, except that none of the judges selected may be a judge assigned to a proceeding involving any railroad in reorganization in the region under section 77 of the Bankruptcy Act. The special court is authorized to exercise the powers of a district judge in any judicial district with respect to such proceedings and such powers shall include those of a reorganization court. The special court shall have the power to order the conveyance of rail properties of railroads leased, operated, or controlled by a railroad in reorganization in the region. The special court may issue rules for the conduct of any proceedings under this section and under section 745 of this title, including rules with respect to the time within which motions may be filed, and with respect to appropriate representation of interests not otherwise represented (including the Secretary with respect to a petition by the Association in the case of a proposal developed by the Secretary, under such section 745 of this title). No determination by the panel under this subsection may be reviewed in any court.
(2) The special court referred to in paragraph (1) of this subsection is abolished effective 90 days after October 19, 1996. On such effective date, all jurisdiction and other functions of the special court shall be assumed by the United States District Court for the District of Columbia. With respect to any proceedings that arise or continue after the date on which the special court is abolished, the references in the following provisions to the special court established under this subsection shall be deemed to refer to the United States District Court for the District of Columbia:
(A) Subsections (c), (e)(1), (e)(2), (f) and (g) of this section.
(B) Sections 712(d)(3), (g), 717(a)(1), (b)(1), (b)(2), 718(d)(2), 741(e)(2), (g), (k)(3), (k)(15), 743(a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), 744(a)(1)(B), (i)(3), 745(c), (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 746(a), (b), (c)(4), and 791(b)(3), (c) of this title).
(C) Sections 1105(a) and 1115 of this title.
(D) Sections 1323(2)(A)(iii), (2)(B), (2)(C), (3)(C), (3)(E), (4)(A) and 1324(b) of this title.
(E) Section 24907(b) of title 49.
(F) Any other Federal law (other than this subsection and section 605 of the Federal Courts Improvement Act of 1996), Executive order, rule, regulation, delegation of authority, or document of or relating to the special court as previously established under paragraph (1) of this subsection.
(c) Delivery of plan to special court
Within 90 days after its effective date, the Association shall deliver a certified copy of the final system plan to the special court and shall certify to the special court-
(1) which rail properties of the respective railroads in reorganization in the region and of any person leased, operated, or controlled by such railroads in reorganization are to be transferred to the Corporation, or any subsidiary thereof, in accordance with the final system plan;
(2) which rail properties of the respective railroads in reorganization in the region or person leased,1 operated, or controlled by such railroads in reorganization are to be conveyed to profitable railroads, in accordance with the final system plan;
(3) the amount, terms, and value of the securities of the Corporation or any subsidiary thereof (including any certificates of value of the Association) to be exchanged for those rail properties to be transferred to the Corporation or any subsidiary thereof pursuant to the final system plan, and as indicated in paragraph (1) of this subsection; and
(4) that the transfer of rail properties in exchange for securities of the Corporation or any subsidiary thereof (including any certificates of value of the Association) and other benefits is fair and equitable and in the public interest.
Notwithstanding any other provisions of this subsection and subsection (d) of this section, the time for the delivery of a certified copy of the final system plan shall be March 12, 1976, and may be extended to a date not more than 30 days thereafter, prescribed in a notice filed by the Association not later than February 17, 1976, with the special court, the Congress, and each court referred to in such subsection (d) of this section. Such notice shall contain the certification of the Association that an orderly conveyance of rail properties cannot reasonably be effected before the date for conveyance determined with respect to such notice. The time prescribed in section 743(a) of this title shall be determined with respect to the date prescribed in such notice.
(d) Bankruptcy courts
Within 90 days after its effective date, the Association shall deliver a certified copy of the final system plan to each district court of the United States or any other court having jurisdiction over a railroad in reorganization in the region and shall certify to each such court-
(1) which rail properties of that railroad in reorganization are to be transferred to the Corporation or any subsidiary thereof under the final system plan; and
(2) which rail properties of that railroad in reorganization, if any, are to be conveyed to profitable railroads operating in the region, under the final system plan.
(e) Original and exclusive jurisdiction
(1) Notwithstanding any other provision of law, any civil action-
(A) for injunctive or other relief against the Association from the enforcement, operation, or execution of this chapter or any provision thereof, or from any action taken by the Association pursuant to authority conferred or purportedly conferred under this chapter;
(B) challenging the constitutionality of this chapter or any provision thereof;
(C) challenging the legality of any action of the Association, or any failure of the Association to take any action, pursuant to authority conferred or purportedly conferred under this chapter;
(D) to obtain, inspect, copy, or review any document in the possession or control of the Association that would be discoverable in litigation pursuant to section 743(c) of this title;
(E) brought after a conveyance, pursuant to section 743(b) of this title, to set aside or annul such conveyance or to secure in any way the reconveyance of any rail properties so conveyed; or
(F) with respect to continuing reorganization and supplemental transactions, in accordance with section 745 of this title;
shall be within the original and exclusive jurisdiction of the special court. The special court shall not hear or determine any such action prior to the date of conveyance, pursuant to section 743(b)(1) of this title, except as the Constitution may require. Relief shall not be granted in any action referred to in subparagraph (A), (C), or (E) unless the person seeking such relief establishes that the Association acted in reckless or deliberate disregard of applicable law.
(2) The original and exclusive jurisdiction of the special court shall include any action, whether filed by any interested person or initiated by the special court itself, to interpret, alter, amend, modify, or implement any of the orders entered by such court pursuant to section 743(b) of this title in order to effect the purposes of this chapter or the goals of the final system plan. During the pendency of any proceeding described in this paragraph, the special court may enter such orders as it determines to be appropriate, including orders enjoining, restraining, conditioning, or limiting any conveyance, transfer, or use of any asset or right which is subject to such an order or which is at issue in such a proceeding, or which involves the enforcement of any liens or encumbrances upon such assets or rights. Any orders pursuant to this paragraph which interpret, alter, amend, modify, or implement orders entered by the special court shall be final and shall not be restrained or enjoined by any court.
(3) An order or judgment of the United States District Court for the District of Columbia in any action referred to in this section shall be reviewable in accordance with sections 1291, 1292, and 1294 of title 28.
(f) Disposition of cash deposits
Whenever the compensation which is deposited with the special court under section 743(a) of this title is in the form of cash, such cash shall be invested and reinvested upon such terms and conditions as the special court shall determine, pending the making of the findings referred to in paragraphs (1), (2), and (3) of section 743(c) of this title. Notwithstanding section 743(c)(4) of this title, the special court may order (1) the income from such investments, (2) the dividends or interest, if any, received on any securities or obligations deposited with the special court under such section 743(a) of this title, and (3) the income, if any, received with respect to any other form of compensation so deposited, to be distributed to the trustee of each railroad in reorganization and to any person leased, operated or controlled by such a railroad which conveyed the right, title, and interest in the rail properties with respect to which such cash, securities, obligations, or other compensation have been so deposited with the special court. Notwithstanding section 743(c)(4) of this title, the special court may, within 90 days after the date of conveyance of rail properties pursuant to section 743(b) of this title, order up to 25 percent of any cash (including investments made with cash) and other compensation deposited with the special court to be distributed to such trustee or person. On petition of the applicable trustee or person, the special court may order such additional distributions as it finds reasonable and appropriate, prior to the making of the findings referred to in paragraphs (1), (2), and (3) of such section 743(c) of this title.
(g) Stay of court proceedings
The special court may stay or enjoin any action or proceeding in any State court or in any court of the United States other than the Supreme Court or Court of Appeals for the District of Columbia Circuit if such action or proceeding is contrary to any provision of this chapter, impairs the effective implementation of this chapter, or interferes with the execution of any order of the special court pursuant to this chapter.
(
References in Text
Section 77 of the Bankruptcy Act, referred to in subsec. (b)(1), was classified to section 205 of former Title 11, Bankruptcy. The Bankruptcy Act (act July 1, 1898, ch. 541,
Section 605 of the Federal Courts Improvement Act of 1996, referred to in subsec. (b)(2)(F), is section 605 of
Codification
Amendment of subsec. (c)(2) by section 607(s) of
Amendments
1996-Subsec. (b).
Subsec. (e)(3).
Subsec. (g).
Subsec. (h).
1988-Subsec. (e)(3).
1977-Subsec. (h).
1976-Subsec. (b).
Subsec. (c).
Subsec. (d)(1).
Subsecs. (e) to (g).
Effective Date of 1996 Amendment
Section 605(e) of
Effective Date of 1988 Amendment
Amendment by
Abolition of United States Railway Association and Transfer of Functions and Securities
See section 1341 of this title.
Cases Pending in Special Court
Section 605(d) of
"(1) a petition for writ of certiorari has been filed before the date on which the special court is abolished; or
"(2) the time for filing a petition for writ of certiorari has not expired before that date."
References to Courthouse
Reference to United States Courthouse in District of Columbia deemed reference to "E. Barrett Prettyman United States Courthouse", see section 2 of
Applicability of National Environmental Policy Act
Application of National Environmental Policy Act to actions of Commission not affected by title VI of
Section Referred to in Other Sections
This section is referred to in sections 718, 741, 743, 744, 745, 1104, 1323, 1324 of this title.
RULES OF THE SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF 1973
(Effective May 20, 1982, as amended to January 6, 1997)
Rule 1. Name
The name of the Court is "Special Court, Regional Rail Reorganization Act of 1973".
Rule 2. Seal
The seal of the Court shall be that of the United States District Court for the District of Columbia.
Rule 3. Situs, Clerk, Executive Attorney, and Communications
References in Text
Section 102(15) of the Regional Rail Reorganization Act of 1973, referred to in par. E, defining "Region", was redesignated section 102(17) by
Rule 4. Panels of the Court
References in Text
Section 209(b) and (e) of the Regional Rail Reorganization Act of 1973, referred to in pars. A and C, is section 209(b) and (e) of
Section 1152 of the Northeast Rail Service Act of 1981, referred to in pars. A and D, is section 1152 of
Sections 303, 306(c)(4), and 305 of the Act, referred to in par. C, are section 303 of
Rule 5. Action by Single Judge-Quorum
References in Text
Section 1152 of NRSA, referred to in pars. A and B, is section 1152 of
Rule 6. Sessions
The Court shall not hold formal terms, but shall be deemed always open.
Rule 7. Attorneys
Every member in good standing of the bar of any district court or court of appeals of the United States or of the bar of the Supreme Court of the United States is entitled to practice before the Special Court. Any other attorney desiring so to practice must obtain admission to practice before the United States District Court for the District of Columbia.
Rule 8. Form of Briefs and Other Papers
Printing of briefs or any other papers filed in this Court is not required. Briefs and other papers may be typewritten on opaque, unglazed paper 8½ by 11 inches in size, with copies reproduced by any method resulting in clearly readable copy. All briefs and other papers shall be double spaced. Briefs shall be bound in soft covers: blue for the United States Railway Association (USRA); green for Consolidated Rail Corporation (Conrail); grey for the Secretary of Transportation (Secretary) and the United States; yellow for Central Jersey Industries and Lehigh & New England Railroad; purple for railway labor organizations; pink for commuter authorities; and white for other parties.
Abolition of United States Railway Association and Transfer of Functions and Securities
See section 1341 of this title.
Rule 9. General Provision With Respect to Filing of Pleadings and Other Papers
Two copies of each pleading or other paper filed with the Clerk shall be delivered to each of the three judges of the panel of the Court to which the matter has been assigned. Each such paper shall contain in its caption a precis stating the name of the party filing the paper, the nature of the paper filed, and, where applicable, the nature of the relief sought and the names of the persons against whom relief is sought. Four copies of each such paper that is required to be served upon any person shall be delivered to the Clerk.
Rule 10. Proceedings Under §209(e) of the Act , §1152(a) of NRSA and of Similar Nature-Filings and Service
(1) Any civil action described in §209(e) of the Act or §1152(a) of NRSA;
(2) Any other civil action of which this Court has jurisdiction wherein the plaintiff seeks relief against a particular defendant or defendants, except proceedings under §303(c) of the Act and proceedings under §306(c)(4) for the determination of the base value of certificates of value.
(1) The process for beginning an action under this rule shall be as described in Rule 4, F.R.Civ.P., except as the Court shall otherwise order;
(2) Subsequent to the filing of any such action, that action shall be assigned to a panel of the Court, in accordance with Special Court Rule 4, by an order of the executive attorney. Two copies of each pleading or other paper filed with the Clerk shall be delivered by the person filing the paper to each of the judges of the panel to which the matter has been assigned.
References in Text
Section 209(e) and (e)(1)(D) of the Act, referred to in pars. A(1) and D, is section 209(e) and (e)(1)(D) of
Section 1152(a) and (a)(3) of NRSA, referred to in pars. A(1) and D, is section 1152(a) and (a)(3) of
Sections 303(c) and 306(c)(4) of the Act, referred to in par. A(2), are section 303(c) of
The Federal Rules of Civil Procedure, referred to in pars. B(1), C, and D, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Rule 11. Proceedings Under §303(c) and Under §306(c)(4) of the Act-Filings and Service
Except as the Court may otherwise direct by order, any pleading or paper filed with the Clerk in proceedings under §§303(c) and 306(c)(4) of the Act shall be served on all members of the Transferor Steering Committee and of the Government Parties Steering Committee, as those Steering Committees may be constituted from time to time. Two copies of each such pleading or other paper so filed and served shall be delivered to each of the three judges of the General Panel.
References in Text
Sections 303(c) and 306(c)(4) of the Act, referred to in text, are section 303(c) of
Rule 12. Applicability of Federal Rules of Civil Procedure
Except as herein otherwise provided, proceedings described in Rule 10 and Rule 11 shall conform to the Federal Rules of Civil Procedure insofar as these may be applicable and are not inconsistent with the Act, NRSA, or the rules of this Court, save as the Court for good cause may otherwise direct by order in a particular case or class of cases.
References in Text
The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
The Act, referred to in text, means the Regional Rail Reorganization Act of 1973,
NRSA, referred to in text, is subtitle E of title XI (§§1131–1169) of
Rule 13. Proceedings Involving Interstate Commerce Commission
In any proceeding involving a question that arises under the Interstate Commerce Act and related laws (codified in Subtitle 4 of Title 49 of the United States Code), or the rules, regulations, or orders of the Interstate Commerce Commission issued thereunder, or that affects a proceeding that is pending before or may properly be brought in the first instance before the Interstate Commerce Commission, a copy of each pleading or other paper filed with the Clerk shall be served upon the General Counsel, Interstate Commerce Commission, Washington, D.C. 20423.
References in Text
Subtitle 4 of Title 49 of the United States Code, referred to in text, probably means subtitle IV (§10101 et seq.) of Title 49, Transportation.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in
Rule 14. Proceedings Under Section 305(d) of the Act
References in Text
The Act, referred to in pars. A and F, is
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in
Abolition of United States Railway Association and Transfer of Functions and Securities
See section 1341 of this title.
Rule 15. Motions
Except as provided in Rule 16 or as the Court may otherwise direct by order, all motions shall be made only by order to show cause submitted to the executive attorney of the Court, who will set the nature of further proceedings, including the date and place of any hearing, on instructions from one or more of the judges, or, in the event of his absence or unavailability, to one of the judges of the Court who will proceed in similar fashion.
Rule 16. Entry of Orders by the Executive Attorney
(1) Orders granting procedural motions, if such a procedural motion contains a written statement that all parties consent to the entry of an order granting the motion;
(2) Orders granting motions to which no objections have been filed in response to an order to show cause issued pursuant to Rule 15;
(3) Orders granting motions for voluntary dismissal of an action pursuant to Rule 41(a)(2), F.R.Civ.P.;
(4) Pretrial orders entered pursuant to Rule 16, F.R.Civ.P.;
(5) Orders scheduling proceedings before the Court.
References in Text
Rules 41(a)(2) and 16, F.R.Civ.P., referred to in par. A(3) and (4), are Rules 41(a)(2) and 16 of the Federal Rules of Civil Procedure, which are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Rule 17. Opinions and Rulings of the Court
Opinions and rulings of the Special Court, unless delivered orally, shall be filed in the office of the Clerk who shall promptly reproduce them and distribute one copy to each party.
Rule 18. Petitions for Reconsideration
Rule 19. References to Regional Rail Reorganization Act and Northeast Rail Service Act
In all papers filed with the Court references of sections of the Regional Rail Reorganization Act of 1973 or Northeast Rail Service Act of 1981 shall be to such sections as numbered in the applicable Act and not to such sections as numbered in the U.S. Code.
References in Text
The Regional Rail Reorganization Act of 1973, referred to in text, is
The Northeast Rail Service Act of 1981, referred to in text, is subtitle E of title XI (§§1131–1169) of