H.R. 8249 — Making Reviews Certain Act

This section limits the scope of review under the National Environmental Policy Act of 1969 (NEPA) to environmental effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate proposed agency action. (Thus, in preparing environmental documents such as environmental impact statements or assessments, agencies need not consider effects lacking such a proximate causal link.)

This section establishes limitations on judicial review under the National Environmental Policy Act of 1969 (NEPA) for final agency actions relating to energy infrastructure (i.e., facilities and equipment for energy identification, leasing, development, production, processing, transportation, transmission, refining, and generation). (1) Claims must be filed within 180 days of public notice (or shorter deadline if specified by law), by a party that submitted a substantive, unique, timely comment on the same issue during any public comment period, that has suffered or will imminently suffer direct harm, and that does not challenge a categorical exclusion. (2) Courts may not vacate such actions unless they pose a significant risk of proximate and substantial environmental harm with no other equitable remedy available; instead, courts may remand deficient documents or actions to agencies for correction within 180 days, during which the action may proceed. (3) These limitations do not affect review of compliance with other NEPA deadlines.

This section defines "reasonably foreseeable" environmental effects of a proposed agency action under the National Environmental Policy Act of 1969 (NEPA) as effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate project or action under consideration. (Thus, limiting NEPA analyses to proximate effects.)