Judicial review under NEPA

Title I of the National Environmental Policy Act of 1969 is amended— (1) by redesignating section 112 (42 U.S.C. 4336f) as section 110A, and moving the section so as to appear after section 110; and (2) by inserting after section 110A (as so redesignated) the following: 110B. Judicial review (a) Remand (1) In general If a court holds, under section 706(2)(A) of title 5, United States Code, that a final agency action does not comply with the requirements of this Act, the only remedy the court may order, notwithstanding chapter 7 of that title, is to remand, without vacatur or injunction, the final agency action to the Federal agency with— (A) specific instruction to correct the errors or deficiencies found by the court; and (B) a reasonable schedule and deadline to correct such errors or deficiencies, which may not exceed— (i) with respect to an order entered before the date of enactment of this section, the date that is 180 days after that date of enactment; and (ii) with respect to an order entered on or after the date of enactment of this section, the date that is 180 days after the date on which the order was entered. (2) Continued effect of final agency action A final agency action remanded under paragraph (1) shall remain in effect while the Federal agency corrects any errors or deficiencies found by the court. (b) Limitations on claims (1) In general Notwithstanding any other provision of law, a claim relating to whether a final agency action complies with the requirements of this Act shall be barred unless— (A) the claim is filed not later than 150 days after the final agency action is made public, unless a shorter deadline is specified under Federal law; (B) in the case of a final agency action for which there was a public comment period on an environmental document, the claim— (i) is filed by a party that submitted a substantive and unique comment during that public comment period by the noticed comment deadline for the environmental document and the comment was sufficiently detailed to put the applicable Federal agency on notice of the issue on which the party seeks review; and (ii) concerns the same subject matter raised in the comment submitted during the public comment period; (C) the claim is filed by a party that has suffered or imminently will suffer direct harm from the final agency action; and (D) the claim does not challenge the establishment of a categorical exclusion. (2) Supplemental environmental documents (A) In general If a Federal agency issues a supplemental environmental document in response to a court order remanding a final agency action, the deadline described in paragraph (1)(A) shall be the date on which the Federal agency makes public the agency action for which the supplemental environmental document is prepared. (B) Limitation A claim for review of a final agency action described in subparagraph (A) shall be limited to information contained in the final supplemental environmental document that was not contained in a previous environmental document for the final agency action. (3) Actions for use of tribal trust resources (A) In general Except as provided in subparagraph (B), for any final agency action that authorizes or affects the use of land, minerals, or other resources held in trust at the time of the final agency action by the United States for the benefit of a federally recognized Indian Tribe, there shall be no administrative or judicial review of the final agency action based on a claim of failure to comply with the requirements of this Act. (B) Exception Subparagraph (A) shall not apply to actions for administrative or judicial review— (i) brought by the federally recognized Indian Tribe for which the United States holds the land, minerals, or other resources in trust; or (ii) that involve reasonably foreseeable effects of the final agency action that occur outside the land, minerals, or other resources held in trust by the United States for the benefit of a federally recognized Indian Tribe. (c) Deadline for resolution (1) In general A court shall issue a final judgment on a claim relating to whether a final agency action complies with the requirements of this Act— (A) as expeditiously as practicable; and (B) unless a shorter deadline is specified under Federal law, not later than the date that is 180 days after the date on which the agency record for the review is filed with the reviewing court, which shall be not more than 60 days after the filing of the claim. (2) Accelerated deadlines Nothing in this subsection prevents a court from further expediting review of a claim relating to whether a final agency action complies with the requirements of this Act. (3) Appeals (A) Filing (i) In general A notice of appeal of a final judgment described in this subsection shall be filed not later than 60 days after the final judgment is issued. (ii) Remanded actions In the case of a final agency action remanded under subsection (a)(1), the Federal agency and, if applicable, the applicant shall have the right to appeal during the pendency of the remand. (B) Deadline for review A court shall issue a final decision on an appeal filed under subparagraph (A)— (i) as expeditiously as practicable; and (ii) not later than the date that is 180 days after the date on which the notice of the appeal is filed. (d) No effect on review of compliance with other deadlines Nothing in this section affects the right to obtain review under section 107(g)(3)..