Sec. 41007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION
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## SEC. 41007 LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION **[**[42 U.S.C. 4370m-6](/us/usc/t42/s4370m-6)**]** ###
(a)Limitations on Claims ####
(1)In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of any authorization issued by a Federal agency for a covered project shall be barred unless— #####
(A)the claim is filed not later than 2 years after the date of publication in the Federal Register of notice of final agency action on the authorization, unless a shorter time is specified in the Federal law under which judicial review is allowed; and #####
(B)in the case of an action pertaining to an environmental review conducted under NEPA— ######
(i)the claim is filed by a party that submitted a comment during the environmental review; and ######
(ii)any commenter filed a sufficiently detailed comment so as to put the lead agency on notice of the issue on which the party seeks judicial review, or the lead agency did not provide a reasonable opportunity for such a comment on that issue. ####
(2)New information #####
(A)In general The head of a lead agency or participating agency shall consider new information received after the close of a comment period if the information satisfies the requirements under regulations implementing NEPA. #####
(B)Separate action If Federal law requires the preparation of a supplemental environmental impact statement or other supplemental environmental document, the preparation of such document shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the agency action shall be 2 years after the date on which a notice announcing the final agency action is published in the Federal Register, unless a shorter time is specified in the Federal law under which judicial review is allowed. ####
(3)Rule of construction Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of an authorization. ###
(b)Preliminary Injunctive Relief In addition to considering any other applicable equitable factors, in any action seeking a temporary restraining order or preliminary injunction against an agency or a project sponsor in connection with review or authorization of a covered project, the court shall— ####
(1)consider the potential effects on public health, safety, and the environment, and the potential for significant negative effects on jobs resulting from an order or injunction; and ####
(2)not presume that the harms described in paragraph
(1)are reparable. ###
(c)Judicial Review Except as provided in subsection (a), nothing in this title affects the reviewability of any final Federal agency action in a court of competent jurisdiction. ###
(d)Savings Clause Nothing in this title— ####
(1)supersedes, amends, or modifies any Federal statute or affects the responsibility of any Federal officer to comply with or enforce any statute; or ####
(2)creates a presumption that a covered project will be approved or favorably reviewed by any agency. ###
(e)Limitations Nothing in this title preempts, limits, or interferes with— ####
(1)any practice of seeking, considering, or responding to public comment; or ####
(2)any power, jurisdiction, responsibility, or authority that a Federal, State, or local governmental agency, metropolitan planning organization, Indian tribe, or project sponsor has with respect to carrying out a project or any other provisions of law applicable to any project, plan, or program.
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Sec. 41007
LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION
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