Modified standard for preliminary injunctive relief against certified infrastructure

(a) Modified standard In any covered action involving certified infrastructure, no court of the United States and no State court shall issue a temporary restraining order, preliminary injunction, or other form of preliminary equitable relief halting, conditioning, or materially restricting the operation of certified infrastructure unless the court finds, on the basis of clear and convincing evidence presented in the record, that— (1) the party seeking relief is substantially likely to succeed on the merits of its underlying claim; (2) the relief sought would not impair the ability of the Department of Defense to supply refined petroleum products to military installations on the West Coast of the United States; and (3) the balance of harms and the public interest, including the national defense interests identified in the findings of this subtitle, clearly favor the issuance of preliminary relief. (b) Burden of proof The burden of establishing each element required under subsection (a) rests upon the party seeking preliminary relief. Failure to establish any single element by clear and convincing evidence shall be grounds for denial of preliminary relief. (c) Certification as conclusive evidence A certification issued under this subtitle constitutes conclusive evidence that interruption of the certified infrastructure’s construction or operations would impair military readiness or defense-related logistical support. No party seeking preliminary relief against certified infrastructure may introduce evidence to rebut or contradict this determination. The party seeking relief bears the burden of establishing by clear and convincing evidence all other elements required under subsection (a). (d) Expedited review In any covered action involving certified infrastructure, the United States or the operator may seek expedited appellate review of any order granting preliminary relief against certified infrastructure. The court of appeals shall give priority consideration to such review and shall endeavor to issue a decision within 30 days of the filing of the notice of appeal. (e) Declaratory relief The modified standard established by this section applies to any declaratory judgment or other equitable relief that would have the practical effect of halting or materially conditioning the operation of certified infrastructure, regardless of how such relief is characterized by the party seeking it.