Sec. 205. Judicial review
429 words·~2 min read·
/bill/113/s/2592/is/section-205A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term covered civil action means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal land. The term covered energy project means the leasing of Federal land for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source of energy, and any action carried out pursuant to that lease.
The term covered energy project does not include any disputes between the parties to a lease regarding the obligations under the lease, including regarding any alleged breach of the lease. Venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. To ensure timely redress by the courts, a covered civil action shall be filed not later than the last day of the 90-day period beginning on the date of the final Federal agency action to which the covered civil action relates.
The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record. In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that the relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation.
A court shall limit the duration of a preliminary injunction to halt a covered energy project to a period of not more than 60 days, unless the court finds clear reasons to extend the injunction. An extension under paragraph
(2)shall— only be for a period of not more than 30 days; and require action by the court to renew the injunction. 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 a covered civil action, nor shall any party in the covered civil action receive payment from the Federal Government for attorneys’ fees, expenses, or other court costs. A person filing an appeal with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as a person before a United States district court.