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Limiting Lawsuits Against Energy Projects to Speed Up Construction.

This bill severely restricts the ability to file multiple lawsuits against federal and state authorizations for major energy projects, such as power plants and pipelines. It establishes a "single action rule," meaning that once one legal challenge related to a project is finally decided, no subsequent lawsuits concerning any other aspect of that same project can be brought. This change aims to accelerate project completion by minimizing legal delays, but significantly limits the public's ability to seek judicial review.
Key points
Implementation of a "Single Action Rule": Only one lawsuit challenging any authorization for a specific energy project is allowed; subsequent challenges are barred.
Stricter requirements for standing: To file a lawsuit, a party must have previously submitted a detailed, substantive comment during the public review period, demonstrating potential direct harm.
Increased deference to agencies: Courts must give greater weight to agency decisions and can only overturn authorizations if the agency "abused its substantial discretion."
Project continuity during review: If a court finds a procedural error, the authorization remains in effect, allowing the project to continue while the agency corrects the mistake within 180 days.
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Introduced
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Additional Information
Print number: 119_S_3305
Sponsor: Sen. Cotton, Tom [R-AR]