Effect of litigation on data center and covered infrastructure applications

(a) Effect of litigation A civil action relating to an environmental review under the Natural Gas Act (15 U.S.C. 717 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), sections 10 and 14 of the Act of March 3, 1899 (33 U.S.C. 403; 408), the Clean Air Act (42 U.S.C. 7401 et seq.), or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a data center or covered infrastructure shall not affect the validity of a permit, license, or approval issued for the data center or covered infrastructure that is the subject of the civil action. (b) Remand; processing of covered applications If, in a civil action described in subsection (a), the environmental review for a permit, license, or approval issued to the data center or covered infrastructure that is the subject of the civil action is found by the applicable court to violate the Natural Gas Act (15 U.S.C. 717 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), sections 10 and 14 of the Act of March 3, 1899 (33 U.S.C. 403; 408), the Clean Air Act (42 U.S.C. 7401 et seq.), or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)— (1) notwithstanding chapter 5 or 7 of title 5, United States Code (commonly referred to as the Administrative Procedure Act), the applicable court shall not set aside or vacate the permit, license, or approval issued for the data center or covered infrastructure but instead remand the matter to the relevant Federal agency to resolve the violation; and (2) the relevant Federal agency shall continue to process all covered applications.