“A bill 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 precluding any subsequent legal action in federal or state court challenging any aspect of an energy project (i.e., a project for electric energy generation, transmission, distribution, or storage; fossil fuel or petrochemical production, processing, transportation, or delivery; or critical mineral extraction, processing, refining, recycling, or transportation) once any legal claim involving the project or its authorizations (i.e., licenses, permits, approvals, or required interagency consultations issued by a federal or state agency) has been finally adjudicated on the merits. The rule applies regardless of party identity, relief sought, or differing authorizations challenged, and federal or state courts lack jurisdiction over barred claims; the preclusive effect benefits only the issuing federal agency or project sponsor. Exceptions apply to (1) claims alleging operational violations of federal or state law after project completion (i.e., commercial operations, energy production/delivery, excluding construction) and (2) enforcement actions by the United States or a state in its sovereign capacity.
This section establishes standards and limitations on judicial review of federal agency authorizations under the Administrative Procedure Act (5 U.S.C. ch. 7). Specifically, it (1) requires courts to find procedural noncompliance only upon a determination of agency abuse of substantial discretion, with deference to agency factual determinations and scope of review; (2) limits court remands to specific error corrections within 180 days, during which the authorization remains in effect; and (3) bars claims unless filed within 150 days of public notice and, for authorizations with public comments, raised by a commenter in a substantive, unique, detailed submission on the same issue.