[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1355 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1355
To prescribe judicial review requirements for certain projects, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 8, 2025
Mr. Cassidy (for himself, Mr. Risch, and Mr. Crapo) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To prescribe judicial review requirements for certain projects, 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 ``Revising and Enhancing Project
Authorizations Impacted by Review Act of 2025'' or the ``REPAIR Act of
2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Agency of jurisdiction.--The term ``agency of
jurisdiction'' means any agency that is responsible for
approving an authorization under authorizing legislation.
(3) Authorization.--The term ``authorization'' means any
license, permit, authorization, approval, variance,
consultation, finding, or other administrative decision (or any
extension to or of any license, permit, authorization,
approval, variance, consultation, finding, or other
administrative decision) that is required or authorized under
Federal law (including regulations) to design, plan, site,
construct, reconstruct, commence operations of, modify, or
operate a project.
(4) Authorizing legislation.--The term ``authorizing
legislation'' means any of--
(A) the Clean Air Act (42 U.S.C. 7401 et seq.);
(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(C) the Natural Gas Act (15 U.S.C. 717 et seq.);
(D) the Federal Power Act (16 U.S.C. 791a et seq.);
(E) division A of subtitle III of title 54, United
States Code (formerly known as the ``National Historic
Preservation Act'' (16 U.S.C. 470 et seq.));
(F) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(G) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(H) the Act of June 8, 1940 (16 U.S.C. 668 et seq.)
(commonly known as the ``Bald and Golden Eagle
Protection Act'');
(I) the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.);
(J) the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.);
(K) the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.);
(L) the Mineral Leasing Act (30 U.S.C. 181 et
seq.);
(M) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.), as it relates to any State seeking to obtain
primary enforcement authority for--
(i) that Act pursuant to section 1413 of
that Act (42 U.S.C. 300g-2); or
(ii) an underground injection control
program pursuant to section 1422 of that Act
(42 U.S.C. 300h-1);
(N) the Deepwater Port Act of 1974 (33 U.S.C. 1501
et seq.);
(O) the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.);
(P) the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.);
(Q) the National Forest Management Act of 1976
(Public Law 94-588; 90 Stat. 2949);
(R) the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.);
(S) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(T) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.);
(U) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(V) chapter 2005 of title 54, United States Code
(formerly known as the ``Urban Park and Recreation
Recovery Act of 1978'' (16 U.S.C. 2501 et seq.)); and
(W) any other Federal law requiring an
environmental review pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(5) Council.--The term ``Council'' means the Federal
Permitting Improvement Steering Council established by section
41002(a) of the FAST Act (42 U.S.C. 4370m-1(a)).
(6) Direct and tangible harm.--The term ``direct and
tangible harm'' means a harm with a causal connection to a
project that causes--
(A) physical illness or bodily injury; or
(B) uncompensated economic loss.
(7) Environmental review.--The term ``environmental
review'' means an assessment of environmental impact, prepared
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), leading to the preparation of--
(A) an environmental assessment;
(B) a finding of no significant impact;
(C) an environmental impact statement;
(D) a record of decision; or
(E) any other review prepared to fulfill the
requirements of that Act.
(8) Project.--The term ``project'' means an activity
required to receive an authorization under authorizing
legislation.
(9) Project sponsor.--The term ``project sponsor'' means
the agency or other entity, including any private or public-
private entity, that seeks approval from the agency of
jurisdiction for a project.
SEC. 3. JUDICIAL REVIEW.
(a) Statute of Limitations.--
(1) Definitions.--In this subsection:
(A) Initial authorization.--
(i) In general.--The term ``initial
authorization'' means an authorization issued
by an agency of jurisdiction for a project
following a request for the authorization from
a project sponsor.
(ii) Exclusion.--The term ``initial
authorization'' does not include any
authorization issued by an agency of
jurisdiction following an alteration made by a
project sponsor pursuant to a mediation process
described in subsection (d).
(B) Initial claim.--The term ``initial claim''
means a claim described in paragraph (2)(A).
(2) Claiming relating to initial authorizations.--
(A) Initial claims.--Notwithstanding any other
provision of law, a claim seeking judicial review of
any portion of the initial authorization process
carried out for a project pursuant to authorizing
legislation or an initial authorization issued by an
agency of jurisdiction for a project shall be filed by
the date that is 120 days after the date on which the
final agency action with respect to the project has
been taken, unless a shorter time is specified in the
Federal law pursuant to which judicial review is
sought.
(B) Subsequent action.--
(i) In general.--Any additional action
relating to an initial claim, including an
action seeking a preliminary injunction based
on the initial claim, shall be filed not later
than 120 days after the date on which the
initial claim was filed.
(ii) Failure to submit subsequent claim.--
An individual that fails to submit an
additional action described in clause (i)
relating to the filed initial claim by the
deadline described in that clause shall--
(I) invalidate the initial claim;
(II) be barred from bringing that
additional claim; and
(III) remove any such right of
action relating to that initial claim.
(3) Other claims.--Any other claim relating to the issuance
of an authorization by an agency of jurisdiction for a project
shall be subject to subsection (d).
(b) Default Remedy.--
(1) In general.--If a court of law determines that an
agency did not comply with the requirements of authorizing
legislation when granting an authorization for a project, the
default remedy shall be to remand that authorization to the
applicable agency.
(2) Limitation.--A court of law shall not vacate, enjoin,
or otherwise limit an authorization granted for a project
unless the issuance of the authorization would present an
imminent and substantial danger to human health or the
environment for which there is no other equitable remedy
available under law.
(c) Right of Action.--Notwithstanding any other provision of law,
an individual seeking to bring a claim for judicial review of the
approval of an authorization for a project may only bring the claim if
the individual will suffer a direct and tangible harm because of the
authorization for which the individual is seeking judicial review if
the harm was not analyzed in the approval of the initial authorization
(as defined in subsection (a)(1)).
(d) Right of Alteration.--
(1) In general.--If an authorization for a project is
enjoined, remanded, or vacated by a court of law, the project
sponsor and the agency of jurisdiction shall participate in a
mediation process overseen by the Council--
(A) to address the reasons for the injunction,
remand, or vacatur; and
(B) to reauthorize the project for development.
(2) Process.--
(A) Remediation proposals.--Subject to subparagraph
(B)(i), not later than 60 days after the date on which
an authorization for a project is enjoined, remanded,
or vacated by a court of law, the project sponsor and
the agency of jurisdiction shall each submit to the
Council remediation proposals--
(i) to address any identified issues that
can be fully resolved; or
(ii) to attempt to mitigate the identified
issues if the issues cannot be fully resolved.
(B) Extension.--
(i) In general.--A project sponsor may
request from the Council an extension of not
more than 120 days to complete a remediation
proposal described in subparagraph (A).
(ii) Approval required.--If the Council
receives a request from a project sponsor for
an extension under clause (i), the Council
shall approve that request.
(iii) Treatment of the agency of
jurisdiction.--If an extension is requested and
approved under clauses (i) and (ii),
respectively, an agency of jurisdiction may,
notwithstanding subparagraph (A), submit the
remediation proposal required under that
subparagraph (A) within the extension period
described in clause (i).
(C) Agency compliance.--If an agency of
jurisdiction fails to submit a remediation proposal in
the time period described in subparagraph (A) or
(B)(i), as applicable, the Council shall--
(i) approve the remediation proposal
submitted by the project sponsor; and
(ii) direct the agency of jurisdiction to
reauthorize all applicable authorizations for
the project.
(D) Council review.--
(i) In general.--Not later than 60 days
after the date on which a project sponsor and
an agency of jurisdiction submit a remediation
proposal in accordance with subparagraph (A) or
(B)(i), as applicable, the Council shall--
(I) hold any necessary joint
meetings between the project sponsor
and the agency of jurisdiction to
assist in reaching a final remediation
plan described in clause (ii);
(II) complete a final remediation
plan; and
(III) direct the agency of
jurisdiction to reauthorize the project
based on that final remediation plan.
(ii) Final remediation plan.--
(I) In general.--A final
remediation plan described in clause
(i) shall contain any alterations to a
project necessary to address the
reasons for which a court of law
enjoined, remanded, vacated, or
otherwise limited an authorization for
the applicable project.
(II) Form.--A final remediation
plan described in clause (i) shall--
(aa) accept the remediation
proposal of the project
sponsor; or
(bb) alter the remediation
proposal of the project sponsor
based on the remediation
proposal of the agency of
jurisdiction.
(III) Alterations.--To the maximum
extent practicable, alterations
described in subclause (II)(bb) shall
represent an intermediate position
between the remediation proposal of the
project sponsor and the remediation
proposal of the agency of jurisdiction.
(IV) Length of final remediation
plan.--The text of a final remediation
plan shall not exceed 50 pages.
(iii) Right of acceptance.--
(I) In general.--At any point in
the 60-day period described in clause
(i), a project sponsor or an agency of
jurisdiction may submit to the Council
in writing an acceptance of the
remediation proposal of the other
party.
(II) Reauthorization.--If the
Council receives an acceptance under
subclause (I), the Council shall--
(aa) consider the accepted
remediation proposal to be the
final remediation plan; and
(bb) direct the agency of
jurisdiction to reauthorize all
authorizations for the project.
(iv) Meetings.--The Council shall hold not
less than 1 meeting between a project sponsor
and an agency of jurisdiction to address any
necessary areas of dispute between the
applicable remediation plans.
(v) Completion.--On completion of a final
remediation plan under clause (ii), the Council
shall--
(I) make public the final
remediation plan in a manner consistent
with the authorization approval process
of the agency of jurisdiction; and
(II) direct the agency of
jurisdiction to reauthorize all
authorizations for the project.
(vi) Compliance.--If the Council fails to
direct the agency of jurisdiction to
reauthorize all authorizations for the project
within the 60-day period described in clause
(i), the agency of jurisdiction shall--
(I) consider the remediation
proposal of the project sponsor to be
the final remediation plan; and
(II) reauthorize all authorizations
for the project in accordance with the
final remediation plan.
(E) Additional meetings.--At the request of a
project sponsor, following the date on which an
authorization for a project is enjoined, remanded, or
vacated by a court of law, but before the date on which
a project sponsor and an agency of jurisdiction submit
a remediation proposal under subparagraph (A) or
(B)(i), as applicable, the Council may hold meetings
between the agency of jurisdiction and the project
sponsor in an attempt to align the parties on
remediation proposals.
(F) Treatment of additional analyses.--
(i) In general.--To the maximum extent
practicable, and except as provided in clause
(ii), all remediation proposals and final
remediation plans described in subparagraph
(D)(ii) shall only use existing information,
data, and analyses used in the initial
authorization (as defined in subsection (a)(1))
or presented as a part of the initial claim (as
defined in that subsection) and subsequent
judicial process.
(ii) Additional analyses.--If additional
analysis is required to fulfill a court order,
all final remediation plans described in
subparagraph (D)(ii) shall--
(I) designate a singular agency of
jurisdiction to perform the analysis;
(II) allow for not more than 90
days to perform the analysis;
(III) designate the court order as
fulfilled and the project authorization
re-approved if the designated agency
does not complete the analysis in the
90-day period described in subclause
(II); and
(IV) establish clear actions to be
taken in relation to the final
remediation plan and the authorization
dependent on the potential outcomes of
the additional analysis.
(3) Right of additional review.--A final remediation plan
described in paragraph (2)(D)(ii) shall not be subject to
judicial review or further right of action by an individual or
entity other than the project sponsor.
(4) Reauthorization.--
(A) In general.--An agency of jurisdiction shall
reauthorize all authorizations for a project not later
than 15 days after the date on which a final
remediation plan described in paragraph (2)(D)(ii) is
completed.
(B) Failure to reauthorize a project.--If an agency
of jurisdiction fails to reauthorize a project and
submit to the project sponsor any necessary
authorization paperwork within the 15-day period
described in subparagraph (A), the project sponsor may
begin any necessary actions reliant on the
authorization to complete the project.
(e) Venue.--A claim seeking judicial review of an authorization
issued by an agency of jurisdiction for a project shall be filed--
(1) in the court the jurisdiction of which contains the
location of the project that the authorization applies to; or
(2) if the location of the project transverses the
jurisdiction of multiple courts, in the court the jurisdiction
of which contains the location in which the largest financial
investment will be made with respect to the project.
(f) Random Assignment of Cases.--To the maximum extent practicable,
district courts of the United States and courts of appeals of the
United States shall randomly assign cases seeking judicial review of
any authorization issued by an agency of jurisdiction for a project to
judges appointed, designated, or assigned to sit as judges of the court
in a manner to avoid the appearance of favoritism or bias.
(g) Publication of Judicial Review Time Periods.--
(1) In general.--The Council shall maintain a public
database (referred to in this subsection as the ``database'')
of any claim relating to the issuance of an authorization by an
agency of jurisdiction that--
(A) is subject to judicial review; and
(B) has not been adjudicated within 90 days after
the date on which the claim was assigned to a judge.
(2) Reporting requirements.--
(A) In general.--In the case of a claim described
in paragraph (1) that has not been adjudicated within
90 days after the date on which the claim is assigned
to a judge, the Director of the Administrative Office
of the United States Courts shall submit to the Council
a report, which shall include--
(i) the name of the claim;
(ii) the authorizing legislation pursuant
to which the initial authorization (as defined
in subsection (a)(1)) was issued;
(iii) the name of the plaintiff;
(iv) the name of the defendant;
(v) the date on which the claim was filed;
(vi) the name of the court; and
(vii) the name of the judge to which the
claim was assigned.
(B) Alternate reporting methods.--
(i) In general.--A plaintiff or defendant
involved in a claim may self-report the
information described in clauses (i) through
(vii) of subparagraph (A).
(ii) Publication.--The Council shall ensure
that the availability to self-report as
described in clause (i) is publicized--
(I) on the home page of the website
of the Council; and
(II) in any other manner determined
to be appropriate by the Council.
(iii) Notification to applicable court.--
For each matter self-reported to the Council
under clause (i), the Council shall notify the
applicable court to confirm that the
information described in clauses (i) through
(vii) of subparagraph (A) received by the
Council is accurate.
(3) Maintenance of judicial review timelines.--With respect
to each claim in the database, the Council shall update the
database not less frequently than daily to reflect the number
of days the claim has been under judicial review.
(4) Publication.--Not later than 5 business days after the
date on which the Council receives a report from the Director
of the Administrative Office of the United States Courts under
subparagraph (A) of paragraph (2) or from a plaintiff or
defendant under subparagraph (B) of that paragraph, as
applicable, the Council shall update the database to include
the information contained in the report.
(5) Council reporting.--
(A) In general.--Not less frequently than once per
calendar year, the Council shall publish and submit to
the committees described in subparagraph (D) a report
containing--
(i) a list of all cases with claims that
were reported to the Council under paragraph
(2);
(ii) a list of all courts with multiple
cases with claims reported under paragraph (2),
which shall be--
(I) listed by name with the total
number of applicable cases on file with
each court--
(aa) in the year preceding
the date on which the
applicable report is submitted;
and
(bb) in total since the
date of enactment of this Act;
and
(II) ordered according to the
largest number, from largest to
smallest, of late cases per court in
the year preceding the date on which
the applicable report is submitted;
(iii) a list of all judges with multiple
cases with claims reported under paragraph (2),
which shall be--
(I) listed by name with the total
number of late cases assigned to each
judge--
(aa) in the year preceding
the date on which the
applicable report is submitted;
and
(bb) in total since the
date of enactment of this Act;
and
(II) ordered according to the
largest number, from largest to
smallest, of late cases per judge since
the date of enactment of this Act;
(iv) the name of any judge that has failed
to report a claim in accordance with paragraph
(2)(A); and
(v) any other information that the Council
determines to be necessary to ensure timely
review of claims relating to the issuance of an
authorization.
(B) More frequent reporting.--The Council may
publish the report required under subparagraph (A) more
frequently than once per calendar year, subject to the
condition that the Council shall not publish the report
more frequently than once per quarter.
(C) Publication.--Any report prepared by the
Council under subparagraph (A) shall be--
(i) published in the Federal Register; and
(ii) made available on the website of the
Council.
(D) Committees described.--The committees referred
to in subparagraph (A) are--
(i) the Committee on Environment and Public
Works of the Senate;
(ii) the Committee on the Judiciary of the
Senate;
(iii) the Committee on Energy and Natural
Resources of the Senate;
(iv) the Committee on Natural Resources of
the House of Representatives;
(v) the Committee on the Judiciary of the
House of Representatives; and
(vi) the Committee on Energy and Commerce
of the House of Representatives.
(h) Treatment of Existing Authorization Requests.--For a project
sponsor that has submitted a project to an agency of jurisdiction for
approval of an authorization on or before the date of enactment of this
Act, the judicial review requirements described in this section shall
apply to any authorization granted for the project.
(i) Treatment of Existing Judicial Reviews.--For any authorization
subject to judicial review as of the date of enactment of this Act, the
judicial review processes described in this section shall apply to such
judicial review.
(j) Savings Provision.--Nothing in this section--
(1) establishes a right of action under any authorizing
legislation relating to an environmental review that does not
already provide for a right of action relating to that
environmental review; or
(2) prohibits any lawful action taken by a project sponsor
that has been denied the ability--
(A) to appeal an initial rejection of a project by
the agency of jurisdiction;
(B) to appeal a rejection by the agency of
jurisdiction relating to 1 or more attempts to address
the issues identified as a result of a previous
injunction, remand, or vacatur of an authorization
decision; or
(C) to resubmit a project in a manner that
addresses the reasons for the rejection of that project
by the agency of jurisdiction.
SEC. 4. JUDICIAL STANDING UNDER NEPA.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) is amended by adding at the end the following:
``SEC. 112. JUDICIAL STANDING.
``Nothing in this title, or any environmental review (as defined in
section 2 of the REPAIR Act of 2025) carried out pursuant to this
title, provides a judicial right of action under this title or
subchapter II of chapter 5, and chapter 7, of title 5, United States
Code (commonly known as the `Administrative Procedure Act'), relating
to the approval of an authorization (as defined in that section) for a
project (as defined in that section) that uses an applicable
environmental review (as so defined).''.
<all>