Sec. 121. Commonsense litigation reform
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/bill/118/hr/8790/ih/section-121A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A court shall not enjoin a fireshed management project if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits. As part of its weighing the equities while considering any request for an injunction that applies to any agency action as part of a fireshed management project, the court reviewing the agency action shall balance the impact to the ecosystem likely affected by the fireshed management project of— the short- and long-term effects of undertaking the agency action; against the short- and long-term effects of not undertaking the action.
Notwithstanding any other provision of law, a court shall not vacate or otherwise limit, delay, stay, or enjoin a fireshed management project unless the court determines that— the fireshed management project will pose a risk of a proximate and substantial environmental harm; and there is no other equitable remedy available as a matter of law. Notwithstanding any other provision of law, if a court determines that a fireshed management project will not pose a risk of a proximate and substantial environmental harm— the court may remand the fireshed management project to the applicable agency with instruction to correct (including specific directions) the errors or deficiencies within 180 days; and an activity under the fireshed management project may be carried out so long as such activity does not affect the errors or deficiencies described in clause (i).
Unless the court finds that the applicable agency entirely failed to prepare a required environmental assessment or environmental impact statement, on remand— the court shall not require such agency to prepare a new environmental assessment or environmental impact statement; and such agency may use another format, including a memorandum or errata sheet, to document any new analysis required. Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a fireshed management project shall be barred unless— with respect to an agency document noticed in the Federal Register, such claim is filed not later than 120 days after the date of publication of a notice in the Federal Register of agency intent to carry out the fireshed management project, unless a shorter period is specified in such Federal law; in the case of an agency document not described in paragraph (1), such claim is filed not later than 120 days after the date that is the earlier of— the date on which such agency document is published; and the date on which such agency document is noticed; and in the case of an authorization or action for which there was a public comment period, such claim— is filed by a party that— participated in the administrative proceedings regarding such fireshed management project; and submitted a comment during such public comment period and such comment was sufficiently detailed to put the applicable agency on notice of the issue upon which the party seeks judicial review; and is related to such comment.
In this section: The term agency document means, with respect to a fireshed management project, a record of decision, categorical exclusion, environmental document, or programmatic environmental document. The terms categorical exclusion , environmental document , and programmatic environmental document have the meanings given such terms, respectively, in section 111 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336e ).
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Sec. 121
Commonsense litigation reform
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