Sec. 201. Deadline for filing energy-related causes of action
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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 cause of action means a cause of action that— is filed on or after the date of enactment of this Act; and seeks judicial review of a final agency action to issue a permit, license, or other form of agency permission allowing— an individual or entity to conduct on Indian land or public 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 an Indian tribe, or any organization of 2 or more entities at least 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 the location at which those activities are carried out.
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 under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.). The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). An energy-related cause of action shall be filed by not later than 60 days after the date of publication of the applicable final agency action.
An energy-related cause of action that is not filed within the time period described in paragraph
(1)shall be barred. An energy-related cause of action shall be— brought in the United States District Court for the District of Columbia Circuit; and resolved— as expeditiously as practicable; and in any event, not later than the date that is 180 days after the date on which the energy-related cause of action is filed. An interlocutory order or final judgment, decree, or order of the district court in an energy-related cause of action may be reviewed by the United States Court of Appeals for the District of Columbia Circuit. The United States Court of Appeals for the District of Columbia shall resolve an appeal of an energy-related cause of action— as expeditiously as practicable; and in any event, not later than the date that is 180 days after the date on which the applicable 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 section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the Treasury to pay any fees or other expenses under those sections, to any person or party in an energy-related cause of action. In this subsection: The term ultimately prevail means a final, enforceable judgment by a court of competent jurisdiction in favor of a party on at least 1 energy-related cause of action 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 any situation in which the relevant 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. In any energy-related cause of action in which the plaintiff does not ultimately prevail, the court shall award to the defendant (including any intervenor-defendants), other than the United States, fees and other expenses incurred by that defendant in connection with the energy-related cause of action, unless the court finds that— the position of the plaintiff was substantially justified, in accordance with subparagraph (B); or special circumstances make such an award unjust. Whether the position of the plaintiff was substantially justified for purposes of subparagraph (A)(i) shall be determined on the basis of the administrative record, as a whole, relating to the energy-related cause of action for which fees and other expenses are sought.
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