“To preclude repeat litigation involving energy projects, and for other purposes.”
No CRS summary available for this bill.
This section establishes a single-action rule under res judicata principles treating an energy project—which includes facilities for electric energy generation/transmission/distribution/storage, fossil/petroleum-derived fuel production/processing/transport/delivery, or critical mineral extraction/processing/refining/recycling/transport—and all its associated federal or state authorizations (i.e., licenses, permits, approvals) as a common nucleus of operative fact, thereby precluding any subsequent legal action in federal or state court challenging any aspect of the project once one such action has been finally adjudicated on the merits, regardless of parties, relief sought, or specific authorization challenged. Courts lack jurisdiction over barred actions, and the preclusive effect benefits only the issuing federal agency or project sponsor. Exceptions apply to (1) post-completion operational violations of federal or state law and (2) enforcement actions by the United States or a state.
This section establishes standards and limitations for judicial review of federal agency authorizations under the Administrative Procedure Act (APA), overriding standard APA review. Specifically, it (1) requires courts to find procedural noncompliance only if the agency abused its substantial discretion; (2) directs courts to defer to agency factual determinations and scope of review without substituting judgment; (3) limits remands to specific correction instructions with deadlines not exceeding 180 days (for court orders on or after enactment, from order entry; for prior orders, from enactment), while keeping authorizations in effect during correction; and (4) bars claims unless filed within 150 days of public notice of final agency action (or shorter period if specified by law) and, for authorizations with public comment periods, filed by parties submitting substantive, unique, detailed comments on the issue by deadline that showed direct harm if unaddressed.