Acceleration of claims

(a) Definitions In this section: (1) Civil action The term civil action means an initial claim challenging a core authorization for a covered project. (2) Commission The term Commission means the Federal Energy Regulatory Commission. (3) Core authorization The term core authorization means a Federal authorization issued pursuant to section 3(e) or section 7(c) of the Natural Gas Act (15 U.S.C. 717b(e), 717f(c)). (4) Covered project The term covered project means a project requiring a core authorization. (5) Federal authorization The term Federal authorization means any license, permit, approval, finding, determination, or administrative decision issued by an agency, and any interagency consultation that is required or authorized under Federal law, to site, construct, reconstruct, abandon, or commence operations of a covered project administered by— (A) a Federal agency; or (B) in the case of a State participating in or administering a review required or authorized under Federal law, as applicable, a State agency. (6) Project sponsor The term project sponsor means any person, including a State, Tribal, or local government entity, that— (A) is an applicant for, or holder of, a core authorization or any other Federal authorization for a covered project; or (B) otherwise proposes to site, construct, reconstruct, own, or operate a covered project. (7) Related claim The term related claim means a claim challenging a Federal authorization that is joined to a civil action after that civil action has been filed. (b) Final agency action Notwithstanding any other provision of law, issuance of a core authorization for a covered project shall be considered a final agency action for the purposes of chapter 7 of title 5, United States Code, with respect to all Federal authorizations required for that covered project. (c) Claims (1) Sole and exclusive relief (A) In general The filing and final adjudication of a civil action shall constitute the sole and exclusive means of judicial review and relief with respect to the applicable covered project and all Federal authorizations issued for that covered project. (B) Bar on subsequent actions After the final adjudication of a civil action, any subsequent cause of action or challenge, whether statutory, procedural, or substantive, related to or connected with the applicable covered project or any Federal authorization for that covered project brought by any party except the project sponsor shall be barred and dismissed for lack of jurisdiction. (2) Venue (A) In general A civil action shall be filed exclusively in— (i) the United States Court of Appeals for the District of Columbia Circuit; or (ii) the court of appeals of the United States for the judicial circuit in which the principal place of business of the project sponsor for the applicable covered project is located. (B) Related claims After a civil action is filed in an applicable court described in subparagraph (A), all related claims arising out of the same nucleus of operative fact as that civil action shall be joined or consolidated to that court for adjudication. (3) Time to file A civil action and all related claims arising out of the same nucleus of operative fact shall be filed with the applicable court by the earlier of— (A) the date that is 60 days after the core authorization is published in the Federal Register; and (B) the statutory deadline required for causes of action relating to that core authorization. (4) Judicial review (A) In general Subject to subsection (d), the filing and final adjudication of a civil action shall constitute the only opportunity for judicial review of the applicable covered project and all Federal authorizations issued for that covered project. (B) Scope Judicial review of a civil action and any related claim arising out of the same nucleus of operative fact under this section— (i) shall— (I) be limited to the finalized consolidated record under subsection (g)(3)(C); and (II) be based exclusively on that finalized consolidated record; and (ii) shall not take evidence, permit discovery, receive testimony, or engage in fact-finding. (C) Preliminary injunctions (i) Multiplicative merit standard In any civil action seeking a preliminary injunction or a temporary restraining order to halt a Federal action based on an alleged violation of this Act, the applicable court shall determine the likelihood of success on the merits by calculating the cumulative probability of success across all independent legal and jurisdictional requirements. (ii) Probabilistic calculation A court may not find a likelihood of success on the merits under clause (i) unless the product of the probabilities of success for each independent legal and jurisdictional requirement, including standing under article III of the Constitution of the United States, final agency action, and the merits of the underlying claim, exceeds 50 percent. (iii) Written findings The court under clause (ii) shall issue written findings of fact and conclusions of law specifying— (I) the estimated probability of success assigned to each independent legal and jurisdictional requirement; and (II) the cumulative probability of success. (D) Deadline If the applicable court does not issue a final determination for a filed civil action and all related claims arising out of the same nucleus of operative fact by the date that is 180 days after the expiration of the applicable timeline described in paragraph (3), the core authorization and all associated Federal authorizations for the applicable covered project shall be considered approved and not subject to further review. (E) Identification of factual determinations For the purposes of judicial review, the statements of material fact submitted under subsection (g)(2) shall not constitute independent evidence or a freestanding factual determination apart from the cited administrative record material. (5) Relief (A) In general In reviewing a civil action, the applicable court may not— (i) issue an injunction lasting for a period exceeding 60 days; (ii) enjoin any covered project activity unrelated to a specific issue identified by the court; or (iii) grant permanent injunctive relief unless the plaintiff demonstrates by clear and convincing evidence that— (I) the plaintiff has suffered an irreparable injury; (II) remedies available at law, including monetary damages, are inadequate to compensate for the irreparable injury; (III) considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (IV) the public interest would not be disserved by a permanent injunction. (B) Permanent injunction Any permanent injunction issued by a court pursuant to this subsection shall be supported by a finding, by clear and convincing evidence, of extraordinary circumstances, and shall be as narrowly tailored as possible to correct the injury and the least intrusive means necessary to correct the injury. (C) Security for injunctive relief Any court issuing a temporary restraining order or preliminary injunction in a civil action under this section shall require the movant to provide security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained, consistent with rule 65(c) of the Federal Rules of Civil Procedure. (6) No remand with vacatur In reviewing a civil action, the applicable court may not issue a remedy of remand with vacatur. (7) Project segmentation After the filing of a civil action, the project sponsor for the implicated covered project may continue construction for any part of the covered project that is unaffected by the civil action. (8) Prohibited civil actions A civil action may not be filed by any party that did not raise the issue giving rise to that civil action during the notice and comment period for the applicable Federal authorization. (d) Project sponsor exception (1) In general Notwithstanding subsection (c), a project sponsor may bring a separate claim challenging a Federal authorization for an applicable covered project regardless of whether a civil action concerning that Federal authorization has been filed and adjudicated, subject to the condition that the specific underlying issue of that separate claim has not previously been finally adjudicated. (2) No related claims A claim described in paragraph (1) may not be joined by a related claim or any other claim arising out of the same nucleus of operative fact. (e) Effect on substantive standards Nothing in this section alters substantive environmental requirements or reduces opportunities for public comment under applicable Federal law. (f) Multiple core authorizations If more than 1 Federal agency issues a core authorization for a covered project, the Commission shall be the lead agency for purposes of an environmental review for the covered project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if applicable. (g) Statement of material facts and technical findings (1) Definition of statement of material fact In this subsection, the term statement of material fact means a citation index identifying, by specific record citation, the portions of the administrative record that set forth the material factual determinations and technical conclusions relied on in a Federal authorization for a covered project. (2) Transmission Not later than 60 days after the date of publication of a core authorization in the Federal Register, each Federal agency that issued, or is required to issue, a Federal authorization for the applicable covered project shall submit to the Commission— (A) the administrative record for that Federal authorization; and (B) a statement of material fact and technical conclusions that identifies, by specific citation to the administrative record, the portions of the record containing the material factual determinations and technical conclusions relied on by the Federal agency. (3) Consolidated administrative record (A) Consolidate and publish Not later than 90 days after the date of publication of a core authorization in the Federal Register, the Commission shall— (i) consolidate the submissions under paragraph (2) (referred to in this subsection as the consolidated administrative record); and (ii) publish a notice of availability of the consolidated administrative record. (B) Objections (i) In general Not later than 30 days after the date of publication of the notice under subparagraph (A), any party may submit to the Commission a written objection limited to whether the consolidated administrative record omits materials— (I) that were before the Federal agency; and (II) that were directly or indirectly considered in issuing a Federal authorization. (ii) No merits An objection to the consolidated administrative record submitted under clause (i) may not— (I) raise merit arguments; or (II) seek discovery, testimony, or new evidence. (iii) Resolution Not later than 60 days after the date of publication of the notice under subparagraph (A), the Commission shall resolve each objection to the consolidated administrative record submitted under clause (i) and, as necessary, direct limited supplementation of the consolidated administrative record by the relevant Federal agency. (C) Closure After all objections to the consolidated administrative record are resolved under subparagraph (B)(iii)— (i) the consolidated administrative record shall be considered final and closed; and (ii) the Commission shall issue a public written order indicating the consolidated administrative record is finalized and closed. (D) Final agency action The written order of the Commission under subparagraph (C)(ii) shall constitute a final agency action for the purposes of chapter 7 of title 5, United States Code, solely with respect to the contents and completeness of the consolidated administrative record.