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Code · BILL · 113th Congress · H.R. 3033 (Introduced in House) — To enhance energy security by expanding access to domestic energy resources, boost employment opportunities in the en... · Sec. 116

Sec. 116. Expedited judicial review

259 words·~1 min read·/bill/113/hr/3033/ih/section-116·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A complaint seeking judicial review of a provision of this subtitle or an action of the Secretary under this subtitle shall be filed— except as provided in subparagraph (B), during the 90-day period beginning on the date on which the action being challenged was carried out; or in the case of a complaint based solely on grounds arising after the 90-day period described in subparagraph (A), by not later than 90 days after the date on which the complainant knew or reasonably should have known about the grounds for the complaint.
A complaint seeking judicial review of a provision of this subtitle or an action of the Secretary under this subtitle shall be filed in the United States District Court for the District of Columbia. Judicial review of a decision of the Secretary relating to a lease sale under this subtitle (including an environmental analysis of such a lease sale) shall be— limited to a review of whether the decision is in accordance with this subtitle; and based on the administrative record of the decision.
Any identification by the Secretary of a preferred course of action relating to a lease sale, and any analysis by the Secretary of environmental effects, under this subtitle shall be presumed to be correct unless proven otherwise by clear and convincing evidence. Any action of the Secretary that is subject to judicial review under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. Subtitle B of title II shall not affect the application of this section.
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