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119-hr-3905119th Congress

Judicial Review Timeline Clarity Act

Sponsored By: Representative Burlison, Eric [R-MO-7]

In Committee

Summary

Creates a time-limited judicial-review framework for Section 404 permits that govern discharges of dredged or fill material. It conditions who can sue on filing sufficiently detailed comments and narrows courts' power to vacate or enjoin permits absent an imminent and substantial danger.

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  • Permit holders and project applicants would face a 60-day deadline for lawsuits challenging individual or general permits, shortening the window for litigation.
  • Public commenters and advocacy groups could only bring suit if they submitted sufficiently detailed comments during the administrative public comment period that put the agency on notice of the issue.
  • Courts that find noncompliance must remand the matter to the Secretary or the State and set a schedule for corrective action, generally no more than 180 days, and may not vacate or enjoin permits unless activities pose an imminent and substantial danger to health or the environment.

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Bill Overview

Analyzed Economic Effects

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

Stricter deadlines to sue over water permits

This bill would set a 60-day deadline to file court challenges to dredge-and-fill permits or agency verifications. You would also need to have filed a detailed public comment during the permit process on the same issue. If enacted, this would narrow who can sue and when.

Faster remands, fewer water permit injunctions

If a court finds the agency did not follow the law, it would have to send the case back. The court would set and enforce a deadline, no more than 180 days, for the agency to act, unless another law requires more time. Courts could not cancel or block a permit, or stop a verified discharge, unless the activity would cause an imminent and substantial danger and no other fair remedy exists. If passed, this could speed decisions but make emergency blocks harder.

Sponsors & CoSponsors

Sponsor

Burlison, Eric [R-MO-7]

MO • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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