[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3905 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3905
To amend the Federal Water Pollution Control Act with respect to
judicial review of the issuance of a permit for the discharge of
dredged or fill material, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2025
Mr. Burlison introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act with respect to
judicial review of the issuance of a permit for the discharge of
dredged or fill material, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Review Timeline Clarity
Act''.
SEC. 2. JUDICIAL REVIEW TIMELINE CLARITY.
Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) is amended--
(1) by redesignating subsection (t) as subsection (u);
(2) in subsection (u), as so redesignated, by striking
``Nothing in the section'' and inserting ``Savings Provision.--
Nothing in this section''; and
(3) by inserting after subsection (s) the following:
``(t) Judicial Review.--
``(1) Statute of limitations.--Notwithstanding any
applicable provision of law relating to statutes of
limitations--
``(A) an action seeking judicial review of an
individual permit or general permit issued under this
section shall be filed not later than the date that is
60 days after the date on which the permit was issued;
and
``(B) an action seeking judicial review of a
verification that an activity involving a discharge of
dredged or fill material is authorized by a general
permit issued under this section shall be filed not
later than the date that is 60 days after the date on
which such verification was issued.
``(2) Limitation on commencement of certain actions.--
Notwithstanding any other provision of law, no action described
in paragraph (1) may be commenced unless the action--
``(A) is filed by a party that submitted a
comment--
``(i) during the public comment period for
the administrative proceedings related to the
applicable action described in such paragraph;
and
``(ii) which was sufficiently detailed to
put the Secretary or the State, as applicable,
on notice of the issue upon which the party
seeks judicial review; and
``(B) is related to such comment.
``(3) Remedy.--If a court determines that the Secretary or
the State, as applicable, did not comply with the requirements
of this section in issuing an individual or general permit
under this section, or in verifying that an activity involving
a discharge of dredged or fill material is authorized by a
general permit issued under this section, as applicable--
``(A) the court shall remand the matter to the
Secretary or the State, as applicable, for further
proceedings consistent with the determination of the
court;
``(B) with respect to a determination regarding the
issuance of an individual or general permit under this
section, the court may not vacate, revoke, enjoin, or
otherwise limit the permit, unless the court finds that
activities authorized under the permit would present an
imminent and substantial danger to human health or the
environment for which there is no other equitable
remedy available under the law; and
``(C) with respect to a determination regarding a
verification that an activity involving a discharge of
dredged or fill material is authorized by a general
permit issued under this section, the court may not
enjoin or otherwise limit the discharge unless the
court finds that the activity would present an imminent
and substantial danger to human health or the
environment for which there is no other equitable
remedy available under the law.
``(4) Timeline to act on court order.--If a court remands a
matter under paragraph (2), the court shall set and enforce a
reasonable schedule and deadline, which may not exceed 180 days
from the date on which the court remands such matter, except as
otherwise required by law, for the Secretary or the State, as
applicable, to take such actions as the court may order.''.
<all>