Commonsense litigation reform

(a) In general A court shall not enjoin a covered agency action if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits. (b) Balancing short- and long-term effects of covered agency action in considering injunctive relief As part of its weighing the equities while considering any request for an injunction that applies to a covered agency action, the court reviewing such action shall balance the impact to the ecosystem likely affected by such action of— (1) the short- and long-term effects of undertaking such action; against (2) the short- and long-term effects of not undertaking such action. (c) Limitations on judicial review (1) In general Notwithstanding any other provision of law (except this section), in the case of a claim arising under Federal law seeking judicial review of a covered agency action— (A) a court shall not hold unlawful, set aside, or otherwise limit, delay, stay, vacate, or enjoin such agency action unless the court determines that— (i) such action poses or will pose a risk of a proximate and substantial environmental harm; and (ii) there is no other equitable remedy available as a matter of law; and (B) if a court determines that subparagraph (A) does not apply to the covered agency action the only remedy the court may order with regard to such agency action is to remand the matter to the agency with instructions to, during the 180-day period beginning on the date of the order, take such additional actions as may be necessary to redress any legal wrong suffered by, or adverse effect on, the plaintiff, except such additional actions may not include the preparation of a new agency document unless the court finds the agency was required and failed to prepare such agency document. (2) Effect of remand In the case of a covered agency action to which paragraph (1)(B) applies, the agency may— (A) continue to carry out such agency action to the extent the action does not impact the additional actions required pursuant to such paragraph; and (B) if the agency action relates to an agency document, use any format to correct such document (including a supplemental environmental document, memorandum, or errata sheet). (d) Limitations on claims Notwithstanding any other provision of law (except this section), a claim arising under Federal law seeking judicial review of a covered agency action shall be barred unless— (1) with respect to an agency document or the application of a categorical exclusion 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 relating to such agency document or application, unless a shorter period is specified in such Federal law; (2) in the case of an agency document or the application of a categorical exclusion not described in paragraph (1), such claim is filed not later than 120 days after the date that is the earlier of— (A) the date on which such agency document or application is published; and (B) the date on which such agency document or application is noticed; and (3) in the case of a covered agency action for which there was a public comment period, such claim— (A) is filed by a party that— (i) participated in the administrative proceedings regarding the fireshed management project relating to such action; and (ii) 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 (B) is related to such comment. (e) Definitions ln this section: (1) Agency document The term agency document means, with respect to a fireshed management project, a record of decision, environmental document, or programmatic environmental document. (2) Covered agency action The term covered agency action means— (A) the establishment of a fireshed management project by an agency; (B) the application of a categorical exclusion to a fireshed management project; (C) the preparation of any agency document for a fireshed management project; or (D) any other agency action as part of a fireshed management project. (3) NEPA terms 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).