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NEPA Legal Reform Act
12/30/2022, 5:47 PM
Summary of Bill HR 3813
One of the key provisions of the bill is to limit the ability of individuals and organizations to file lawsuits challenging environmental reviews under NEPA. This is intended to prevent what some see as frivolous lawsuits that delay or block important infrastructure projects. The bill also seeks to expedite the review process by setting strict deadlines for completing environmental impact statements and assessments.
Additionally, the NEPA Legal Reform Act would require federal agencies to consider the costs and benefits of proposed projects when conducting environmental reviews. This is seen as a way to ensure that projects are not unnecessarily delayed or abandoned due to excessive regulatory burdens. Supporters of the bill argue that these reforms are necessary to modernize NEPA and make it more efficient, while opponents argue that the changes could weaken environmental protections and limit public input on proposed projects. Overall, the NEPA Legal Reform Act is a controversial piece of legislation that seeks to balance the need for infrastructure development with environmental protection. It remains to be seen how the bill will progress through Congress and what impact it will have on future infrastructure projects in the United States.
Congressional Summary of HR 3813
NEPA Legal Reform Act
This bill establishes requirements concerning the judicial review of cases about the environmental review process required under the National Environmental Policy Act of 1969 (NEPA).
Specifically, the bill establishes standing requirements for NEPA claims, including a requirement that a plaintiff must personally suffer, or will likely personally suffer, a direct, tangible harm.
In addition, the bill sets a statute of limitations for all claims related to NEPA.
The bill also provides statutory authority for certain evidentiary standards concerning motions for temporary restraining orders, preliminary injunctions, and permanent injunctions.
In addition, the bill limits fees that may be awarded to environmental attorneys.
