119-s1355

[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).''.
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