Sec. 227. Administrative and judicial review

437 words·~2 min read·/bill/113/hr/3033/ih/section-227

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

Any oil and gas permitting decision for Federal lands onshore or on the Outer Continental Shelf that was issued in accordance with the procedures established by this subtitle shall not be subject to further administrative review within the respective Federal agency responsible for that decision, and shall be the final decision of that agency for purposes of judicial review. Only the United States District Court for the District of Columbia shall have original jurisdiction over any civil action for the review of such a permit decision.

Notwithstanding any other provision of law, any action arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal agency for an oil and gas permit subject to this subtitle shall be barred unless it is filed within 90 days after the date of the decision. Nothing in this subtitle creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval. When any civil action is brought pursuant to this subtitle, the Federal Permit Coordinator shall immediately prepare for the court a consolidated record.

The court shall endeavor to hear and determine any action for judicial review challenging a decision approved pursuant to this section as expeditiously as possible. Notwithstanding subsection (e), within 30 days after the filing of an action challenging or seeking to enforce an established permit review schedule for a class I permit, the court shall issue a decision either compelling permit issuance or sanctioning the delay and establishing a new schedule that enables the most expeditious possible completion of proceedings.

In rendering its decision, the court shall review whether the agencies subject to the schedule have been acting in good faith, whether the permit applicant has been cooperating fully with the agencies that are responsible for issuing the requested permits, and any other relevant matters. The court may issue orders to enforce any schedule it establishes under this subsection. This subtitle shall not be construed to create any additional right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by a person against the United States, its agencies, its officers, or any person.

Notwithstanding the provisions of any law or regulation to the contrary, a decision by the Department of the Interior to issue a Final Notice of Sale and proceed with an oil and gas lease sale pursuant to any mineral leasing law shall not be subject to further administrative review within the Department of the Interior, and shall be the final decision of the agency for purposes of judicial review.