Effect of litigation on applications to export liquefied natural gas

(a) Effect of litigation A civil action relating to an environmental review under the Natural Gas Act (15 U.S.C. 717 et seq.) or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a covered facility shall not affect the validity of a permit, license, or approval issued to the covered facility 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 covered facility 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.) 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 to the covered facility 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.