Sec. 5025. Judicial review
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/bill/113/hr/4286/ih/section-5025A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term agency action has the meaning given the term in section 551 of title 5, United States Code. The term energy-related action means a civil action that— is filed on or after the date of enactment of this Act; and seeks judicial review of a final agency action relating to the issuance of a permit, license, or other form of agency permission allowing— any person or entity to conduct on Indian Land activities involving the exploration, development, production, or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity; or any Indian Tribe, or any organization of 2 or more entities, not less than 1 of which is an Indian tribe, to conduct activities involving the exploration, development, production, or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken.
The term Indian land has the meaning given the term in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 ). The term Indian land includes land owned by a Native Corporation (as that term is defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )) under that Act (43 U.S.C. 1601 et seq.). The term ultimately prevail means, in a final enforceable judgment that the court rules in the party’s favor on at least 1 civil claim that is an underlying rationale for the preliminary injunction, administrative stay, or other relief requested by the party.
The term ultimately prevail does not include circumstances in which the final agency action is modified or amended by the issuing agency unless the modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree. Any energy related action shall be filed not later than the end of the 60-day period beginning on the date of the action or decision by a Federal official that constitutes the covered energy project concerned.
Any energy related action that is not filed within the time period described in paragraph
(1)shall be barred. An energy related action— may only be brought in the United States District Court for the District of Columbia; and shall be resolved as expeditiously as possible, and in any event not more than 180 days after the energy related action is filed. An interlocutory order or final judgment, decree or order of the district court in an energy related action— may be appealed to the United States Court of Appeals for the District of Columbia Circuit; and if the court described in paragraph
(1)undertakes the review, the court shall resolve the review as expeditiously as possible, and in any event by not later than 180 days after the interlocutory order or final judgment, decree or order of the district court was issued. Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 504 of title 5, United States Code, or under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections, to any person or party in an energy related action. Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the Equal Access to Justice Act ), shall not apply to an energy related action. A party to a covered civil action shall not receive payment from the Federal Government for the attorneys’ fees, expenses, or other court costs incurred by the party.
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