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119-hr-10500119th Congress

Unleashing American Pipelines Act

Sponsored By: Representative Lee, Laurel M. [R-FL-15]

Introduced

Summary

Limits court review of federal pipeline approvals. This bill would narrow who can challenge Section 7 certificates, require claims be filed quickly, raise the evidence bar for review, and send key appeals to the D.C. Circuit.

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  • Project sponsors would likely face fewer legal obstacles because only applicants or parties showing direct and irreparable economic harm could bring claims.
  • Associations and local opponents would see tighter standing rules because an association could sue only if each member shows likely and imminent harm, and claims must be filed within 180 days.
  • Courts would apply a tougher evidentiary test by substituting "clear and convincing evidence" for "substantial evidence" in certain reviews, and the D.C. Circuit would have original and exclusive jurisdiction over claims that an agency exceeded its authority.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

New limits on pipeline lawsuits

If enacted, the bill would limit who may challenge a pipeline approval under Section 7 of the Natural Gas Act. It would allow federal review only of chapter 7 claims filed within 180 days of approval. Only the applicant or a person who has suffered, or likely and irreparably will suffer, direct economic harm would be able to bring such a claim. An association could sue for members only if every member has suffered or likely will imminently suffer that harm. Courts would review certain agency findings under section 706(2) but would require clear and convincing evidence to overturn specified agency facts. The D.C. Circuit would have original and exclusive jurisdiction over claims that an agency acted beyond its legal authority.

Sponsors & CoSponsors

Sponsor

Lee, Laurel M. [R-FL-15]

FL • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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