28 USC § 1342 - Rate orders of State agencies

---
identifier: "/us/usc/t28/s1342"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 1342 - Rate orders of State agencies"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "1342"
section_name: "Rate orders of State agencies"
chapter_number: 85
chapter_name: "DISTRICT COURTS; JURISDICTION"
part_number: "IV"
part_name: "JURISDICTION AND VENUE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 932.)"
---


# § 1342. Rate orders of State agencies

The district courts shall not enjoin, suspend or restrain the operation of, or compliance with, any order affecting rates chargeable by a public utility and made by a State administrative agency or a rate-making body of a State political subdivision, where:

**(1)** Jurisdiction is based solely on diversity of citizenship or repugnance of the order to the Federal Constitution; and,

**(2)** The order does not interfere with interstate commerce; and,

**(3)** The order has been made after reasonable notice and hearing; and,

**(4)** A plain, speedy and efficient remedy may be had in the courts of such State.

---

**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 932.)

### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 41(1) (, par. 1, ; , ; , ; , ).

This section rearranges and restates the fourth sentence of , U.S.C., 1940 ed.

Other provisions of , U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1345, 1354, and 1359 of this title.

Words “at law or in equity” before “in the courts of such State” were omitted as unnecessary.

Words “civil action” were substituted for “suit,” in view of Rule 2 of the Federal Rules of Civil Procedure.

Word “operation” was substituted for “enforcement, operation or execution” for the same reason.