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Code · BILL · 119th Congress · H.R. 8308 (Introduced in House) — To establish requirements for the termination of authorizations, the completion and coordination of reviews for autho... · Sec. 5

Sec. 5. Judicial review of actions relating to authorizations

643 words·~3 min read·/bill/119/hr/8308/ih/section-5

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Any agency action with respect to an authorization described in section 2(a), and any action or inaction by an agency that results in a failure to meet a deadline, timeline, or milestone under this Act (including any such deadline, timeline, or milestone outlined in a coordination plan or performance schedule) or other applicable laws, may be considered, solely for the purposes of this section, a final agency action and subject to judicial review under chapter 7 of title 5, United States Code. A person seeking judicial review of any agency action or inaction described in paragraph
(1)shall obtain such review in— the United States Court of Appeals for any circuit in which the applicable project is, or will be, located; or the United States Court of Appeals for the District of Columbia Circuit. If an agency fails to meet a deadline, timeline, or milestone under this Act (including any such deadline, timeline, or milestone outlined in a coordination plan or performance schedule) or other applicable laws, such failure shall create a rebuttable presumption that the agency action was unlawfully withheld or unreasonably delayed for purposes of section 706(1) of title 5, United States Code, or any other applicable provision of law. For any challenge to an agency action or inaction described paragraph (1), the reviewing court shall issue a decision for such challenge— as expeditiously as practicable; and not later than the date that is 90 days after the date on which the challenge is filed. If a court of competent jurisdiction finds that an agency action described in paragraph
(1)was unreasonably delayed, or that agency action or inaction described in paragraph
(1)caused an unreasonable delay in a required action, the court shall— issue an order that compels the appropriate agency or agencies to take corrective action; specify the dates by which each discrete action of the agency shall be completed; and set a specific deadline as determined appropriate by the court for the agency to complete the corrective action. Except as provided in subparagraph (B), the denial of an application for an authorization for a project, and a determination by an agency under section 3(b)(1)(C) that an applicant is not acting in good faith, may be considered a final agency action under chapter 7 of title 5, United States Code. With respect to an order issued by the Federal Energy Regulatory Commission under the Federal Power Act ( 16 U.S.C. 791a et seq. ) or the Natural Gas Act ( 15 U.S.C. 717 et seq. ), the final rehearing order pursuant to section 313 of the Federal Power Act ( 16 U.S.C. 825l ) or section 19 of the Natural Gas Act ( 15 U.S.C. 717r ) shall be considered the final agency action with respect to such an order for purposes of chapter 7 of title 5, United States Code. A person seeking judicial review of the denial of an application for an authorization for a project, or a determination by an agency under section 3(b)(1)(C) that an applicant is not acting in good faith, shall obtain such review— in the United States Court of Appeals for any circuit in which the project is, or will be, located; or the United States Court of Appeals for the District of Columbia Circuit. For any challenge to a denial of an application for an authorization for a project, or to a determination by an agency that an applicant is not acting in good faith under section 3(b)(1)(C), the reviewing court shall issue a decision on such challenge— as expeditiously as practicable; and not later than the date that is 90 days after the date on which the challenge is filed. Nothing in this section shall be construed to impact the ability of an applicant and an agency to resolve the denial of an application for an authorization informally or administratively.
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Sec. 5
Judicial review of actions relating to authorizations
U.S.C.§ 791a
U.S.C.§ 717
U.S.C.§ 825l
U.S.C.§ 717r
Cites 4Cited by 0 across 0 sources
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