Review under Hobb’s Act

Under the Hobbs Act, the US Courts of Appeal (other than the U.S. Court of Appeals for the Federal Circuit) have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of final orders, rules, or regulations (under certain circumstances) made by or under the following agencies, individuals, or acts:

  • Federal Communications Commission
  • Secretary of Agriculture
  • Federal Maritime Commission
  • Nuclear Regulatory Commission
  • Surface Transportation Board
  • Secretary of Transportation
  • Fair Housing Act
  • certain provisions regarding railway safety

Furthermore, some agency statutes cross-refer to the Hobbs Act for the procedure to be followed when the court of appeals undertakes judicial review.  For example, under the Swine Health Protection Act, any person aggrieved by the order of the Secretary of Agriculture can seek review of such order in the appropriate United States Court of Appeals.  Such court has the power to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the Secretary’s order.


Inside Review under Hobb’s Act