Commonsense litigation reform

(a) Definitions In this section: (1) Agency document The term agency document, with respect to a fireshed management project, means a record of decision, decision memorandum, 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; and (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 those terms in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e). (b) Limitations on judicial review (1) Limitations on injunctive relief (A) Temporary delay of covered agency action Notwithstanding any other provision of law, in the case of a claim arising under Federal law seeking judicial review of a covered agency action, a court shall not issue a preliminary injunction against such covered agency action unless the court determines that— (i) subject to subparagraph (C), such preliminary injunction is in the public interest; (ii) the balance of equities favors the plaintiff; (iii) the plaintiff is likely to succeed on the merits; and (iv) the plaintiff is likely to suffer irreparable injury in the absence of preliminary relief. (B) Permanent limit on agency action Notwithstanding any other provision of law, in the case of a claim arising under Federal law seeking judicial review of a covered agency action, a court shall not issue a permanent injunction against such covered agency action, or an order to otherwise permanently limit such covered agency action, unless a court determines that— (i) subject to subparagraph (C), such permanent injunction or order is in the public interest; (ii) the balance of equities favors the plaintiff; (iii) the plaintiff has suffered or will suffer irreparable injury; and (iv) no adequate remedy is available at law. (C) Public interest determination (i) In general In determining under subparagraphs (A) and (B) whether a preliminary or permanent injunction against, or other order with respect to, a covered agency action is in the public interest, the considerations of the court shall include— (I) the purpose for which an agency is undertaking the fireshed management project relating to such covered agency action; (II) the likelihood that the fireshed management project will achieve the stated purpose of the fireshed management project; and (III) the short- and long-term effects of proceeding with the covered agency action, as compared to delaying or limiting such covered agency action, including the potential for significant increases in wildfire risk or severity and significant threats to the health of the ecosystem. (ii) Weight of public interest factor In determining whether to issue any injunction or order under subparagraph (A) or (B), a court shall give significant, but not necessarily dispositive, weight to its consideration of whether such order is in the public interest. (2) Remand (A) In general Notwithstanding any other provision of law, in the case of a claim arising under Federal law seeking judicial review of a covered agency action, if the court remands the matter to the agency, the court shall remand with instructions to carry out, during the 180-day period beginning on the date of such remand, such additional actions as may be necessary to redress any cognizable harm giving rise to such claim. (B) Vacatur (i) In general In remanding a matter to an agency under subparagraph (A), the court shall remand with vacatur only if— (I) the seriousness of any deficiencies in the covered agency action weigh in favor of vacatur; and (II) the court determines that any disruptive consequences of vacatur, including the short- and long-term effects of vacating the covered agency action or any part of such covered agency action, do not outweigh the justification for vacatur. (ii) Considerations In making the determination described in clause (i)(II), the court shall consider whether vacatur would cause— (I) any significant increases in wildfire risk or severity, and (II) any significant threats to the health of the ecosystem. (C) Effect of remand on agency In the case of a covered agency action subject to remand without vacatur, or with partial vacatur, pursuant to this paragraph, the agency may— (i) continue to carry out such covered agency action, or such parts of the covered agency action as are not vacated, to the extent that doing so does not interfere with any additional actions required pursuant to subparagraph (A); and (ii) use any format, as appropriate, to correct an agency document (including a supplemental environmental document, memorandum, or errata sheet), provided that such format is appropriate to the nature of the deficiency. (3) Preservation of authority Nothing in this section alters, limits, or displaces the authority of a court to review a covered agency action under section 706(2) of title 5, United States Code. (c) Limitations on claims Notwithstanding any other provision of law, 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 150 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 covered agency document or application, unless a shorter period is specified in such Federal law; or (2) in the case of an agency document or the application of a categorical exclusion not described in paragraph (1), if such agency document or application is otherwise published or noticed, such claim is filed not later than 150 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.

(a) Definitions In this section: (1) Agency document The term agency document, with respect to a fireshed management project, means a record of decision, decision memorandum, 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; and (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 those terms in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e). (b) Limitations on judicial review (1) Limitations on injunctive relief (A) Temporary delay of covered agency action Notwithstanding any other provision of law, in the case of a claim arising under Federal law seeking judicial review of a covered agency action, a court shall not issue a preliminary injunction against such covered agency action unless the court determines that— (i) subject to subparagraph (C), such preliminary injunction is in the public interest; (ii) the balance of equities favors the plaintiff; (iii) the plaintiff is likely to succeed on the merits; and (iv) the plaintiff is likely to suffer irreparable injury in the absence of preliminary relief. (B) Permanent limit on agency action Notwithstanding any other provision of law, in the case of a claim arising under Federal law seeking judicial review of a covered agency action, a court shall not issue a permanent injunction against such covered agency action, or an order to otherwise permanently limit such covered agency action, unless a court determines that— (i) subject to subparagraph (C), such permanent injunction or order is in the public interest; (ii) the balance of equities favors the plaintiff; (iii) the plaintiff has suffered or will suffer irreparable injury; and (iv) no adequate remedy is available at law. (C) Public interest determination (i) In general In determining under subparagraphs (A) and (B) whether a preliminary or permanent injunction against, or other order with respect to, a covered agency action is in the public interest, the considerations of the court shall include— (I) the purpose for which an agency is undertaking the fireshed management project relating to such covered agency action; (II) the likelihood that the fireshed management project will achieve the stated purpose of the fireshed management project; and (III) the short- and long-term effects of proceeding with the covered agency action, as compared to delaying or limiting such covered agency action, including the potential for significant increases in wildfire risk or severity and significant threats to the health of the ecosystem. (ii) Weight of public interest factor In determining whether to issue any injunction or order under subparagraph (A) or (B), a court shall give significant, but not necessarily dispositive, weight to its consideration of whether such order is in the public interest. (2) Remand (A) In general Notwithstanding any other provision of law, in the case of a claim arising under Federal law seeking judicial review of a covered agency action, if the court remands the matter to the agency, the court shall remand with instructions to carry out, during the 180-day period beginning on the date of such remand, such additional actions as may be necessary to redress any cognizable harm giving rise to such claim. (B) Vacatur (i) In general In remanding a matter to an agency under subparagraph (A), the court shall remand with vacatur only if— (I) the seriousness of any deficiencies in the covered agency action weigh in favor of vacatur; and (II) the court determines that any disruptive consequences of vacatur, including the short- and long-term effects of vacating the covered agency action or any part of such covered agency action, do not outweigh the justification for vacatur. (ii) Considerations In making the determination described in clause (i)(II), the court shall consider whether vacatur would cause— (I) any significant increases in wildfire risk or severity, and (II) any significant threats to the health of the ecosystem. (C) Effect of remand on agency In the case of a covered agency action subject to remand without vacatur, or with partial vacatur, pursuant to this paragraph, the agency may— (i) continue to carry out such covered agency action, or such parts of the covered agency action as are not vacated, to the extent that doing so does not interfere with any additional actions required pursuant to subparagraph (A); and (ii) use any format, as appropriate, to correct an agency document (including a supplemental environmental document, memorandum, or errata sheet), provided that such format is appropriate to the nature of the deficiency. (3) Preservation of authority Nothing in this section alters, limits, or displaces the authority of a court to review a covered agency action under section 706(2) of title 5, United States Code. (c) Limitations on claims Notwithstanding any other provision of law, 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 150 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 covered agency document or application, unless a shorter period is specified in such Federal law; or (2) in the case of an agency document or the application of a categorical exclusion not described in paragraph (1), if such agency document or application is otherwise published or noticed, such claim is filed not later than 150 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.