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Code · BILL · 113th Congress · S. 2170 (Introduced in Senate) — To free the private sector to harness domestic energy resources to create jobs and generate economic growth by removi... · Sec. 5008

Sec. 5008. Expedited judicial review

317 words·~1 min read·/bill/113/s/2170/is/section-5008

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Subject to paragraph (2), any complaint seeking judicial review of— any provision of this subtitle shall be filed by not later than 1 year after the date of enactment of this Act; or any action of the Secretary under this subtitle shall be filed— except as provided in clause (ii), during the 90-day period beginning on the date on which the action is challenged; or in the case of a complaint based solely on grounds arising after the period described in clause (i), not later than 90 days after the date on which the complainant knew or reasonably should have known of the grounds for the complaint.
Any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle may be filed only in the United States Court of Appeals for the District of Columbia. Judicial review of a decision by the Secretary to conduct a lease sale under this subtitle, including an environmental analysis, shall be— limited to whether the Secretary has complied with this subtitle; and based on the administrative record of that decision. The identification by the Secretary of a preferred course of action to enable leasing to proceed and the analysis by the Secretary of environmental effects under this subtitle is presumed to be correct unless shown otherwise by clear and convincing evidence.
Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. 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 any action under this subtitle. A party to any action under this subtitle 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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