Amendment to Energy Act of 2020

(a) In general The Energy Act of 2020 (division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 2418)) is amended by adding at the end the following: XII Fighting for reliable energy and ending doubt for open markets 12001. Definitions In this title: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Authorization The term authorization means— (A) any license, permit, approval, finding, determination, or administrative decision issued by an agency; and (B) any interagency consultation that is authorized or required to be conducted under Federal law— (i) between or among— (I) agencies; and (II) in the case of any State that chooses to participate in the environmental review of a covered energy project, 1 or more State agencies; and (ii) in order to site, construct, reconstruct, or commence operation of a covered energy project. (3) Complex authorization The term complex authorization means an authorization identified as a complex authorization by a lead agency under section 12101(d). (4) Covered energy project The term covered energy project means any activity that— (A) requires an authorization from an agency; (B) is carried out— (i) in the United States; or (ii) on the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)); and (C) involves the construction of infrastructure— (i) to develop, produce, generate, store, transport, or distribute energy; (ii) to capture, remove, transport, or store carbon dioxide; or (iii) to mine, extract, beneficiate, or process minerals. (5) Environmental document (A) In general The term environmental document means— (i) an environmental assessment; (ii) a finding of no significant impact; (iii) a notice of intent; (iv) an environmental impact statement; and (v) a record of decision. (B) Inclusions The term environmental document includes any document that is— (i) a supplement to a document described in subparagraph (A); or (ii) (I) related to a document described in subparagraph (A); and (II) prepared pursuant to a court order. (6) Environmental impact statement The term environmental impact statement means a detailed, written statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (7) Environmental review The term environmental review means any agency procedure or process for— (A) applying a categorical exclusion (within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (including regulations promulgated pursuant to that Act)); or (B) preparing an environmental document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (8) Lead agency The term lead agency, with respect to a covered energy project, means the agency with principal responsibility for environmental review of the covered energy project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (including regulations promulgated pursuant to that Act). (9) Project sponsor The term project sponsor means a private, public, or public-private entity seeking an authorization for a covered energy project. (10) Reviewing court The term reviewing court means the court of competent jurisdiction in which a petition under subtitle B is filed. (11) Routine authorization The term routine authorization means any authorization that is not a complex authorization. A Authorization timelines 12101. Notices of initiation; project schedules (a) Notices of initiation for covered energy projects (1) In general A project sponsor shall submit a notice of initiation for a covered energy project proposed to be carried out by the project sponsor to the head of each agency from which 1 or more authorizations are anticipated to be required to carry out the covered energy project. (2) Contents A notice of initiation under this subsection shall include— (A) a statement describing the purposes and objectives of the proposed covered energy project; (B) a concise description of the proposed covered energy project, including— (i) the general location of the proposed covered energy project; and (ii) a summary of geospatial information, if available, illustrating— (I) the proposed project area; and (II) the locations of known environmental, cultural, and historic resources, if any; and (C) a statement identifying all Federal financing, environmental reviews, and authorizations anticipated to be required to carry out the proposed covered energy project. (b) Determination of completeness (1) In general Not later than 30 days after the date of receipt of a notice of initiation under subsection (a), the applicable lead agency shall determine whether the notice is complete in accordance with paragraph (2). (2) Completeness A notice of initiation shall be considered to be complete under paragraph (1) if the lead agency determines that the notice meets the requirements described in subsection (a)(2). (3) Statement (A) In general A lead agency, on making a determination under paragraph (1) that— (i) a notice of initiation is complete, shall provide to the project sponsor a statement of the determination; or (ii) a notice of initiation is incomplete, shall provide to the project sponsor a deficiency statement identifying the information required for the notice to be considered complete. (B) Failure to act If a lead agency fails to issue a statement under this paragraph by the applicable deadline described in paragraph (1), the applicable notice of initiation shall be deemed to be complete. (4) Effect of deficiency (A) Response by project sponsor If a lead agency issues a deficiency statement under paragraph (3)(A)(ii), the project sponsor may— (i) submit to the lead agency a revised notice containing the information identified in the deficiency statement not later than 90 days after the date on which the deficiency statement is issued; or (ii) request an extension of time to prepare such a revised notice. (B) Extension On receipt of a request for an extension under subparagraph (A)(ii), a lead agency shall grant the applicable project sponsor an extension of the applicable deadline under subparagraph (A)(i) for a period of not more than 90 days. (c) Project schedule Not later than 30 days after the date on which a notice of initiation for a proposed covered energy project is determined or deemed to be complete under subsection (b), the applicable lead agency shall publish a schedule for the covered energy project that— (1) (A) lists each authorization known, or reasonably anticipated, to be required for the covered energy project; and (B) identifies each such authorization as a routine authorization or a complex authorization, in accordance with subsection (d); (2) identifies each Federal, State, Tribal, and local agency that has been designated as a cooperating agency for the covered energy project in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if applicable; and (3) establishes for the covered energy project— (A) interim milestones; and (B) final decision dates in accordance with section 12102. (d) Identification of authorizations (1) In general For each authorization required for a covered energy project for which a schedule is published under subsection (c), the lead agency shall identify the authorization as— (A) a complex authorization if the authorization is— (i) described in paragraph (2); or (ii) designated by the lead agency pursuant to paragraph (3)(A); or (B) a routine authorization if the authorization is not identified as a complex authorization under subparagraph (A). (2) Description of complex authorizations A complex authorization referred to in paragraph (1)(A)(i) is an authorization that— (A) requires the issuance of an authorization or certification of public convenience and necessity under section 3(e) or 7(c) of the Natural Gas Act (15 U.S.C. 717b(e), 717f(c)); (B) requires the issuance of a license or permit under section 4(e) or 216 of the Federal Power Act (16 U.S.C. 797(e), 824p); (C) requires the issuance of a lease, easement, right-of-way, or other authorization under section 5 or 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334, 1337(p)); (D) requires the preparation of an environmental assessment or environmental impact statement; (E) requires formal consultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) or results in the issuance of a biological opinion; (F) requires consultation under section 306108 of title 54, United States Code, that the lead agency anticipates will take longer than 90 days; (G) grants a new or expanded right-of-way, easement, lease, or comparable real property interest exceeding 20 acres of Federal property; or (H) requires an individual permit under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) or an individual water quality certification under section 401 of that Act (33 U.S.C. 1341). (3) Designations by lead agency (A) In general A lead agency may designate an authorization as a complex authorization based on a written, reasoned determination of the lead agency that identifies factors that— (i) are specific to the applicable covered energy project; and (ii) are not described in subparagraphs (A) through (H) of paragraph (2). (B) Judicial review The designation by a lead agency of a complex authorization pursuant to subparagraph (A) shall be subject to judicial review by the applicable reviewing court under subtitle B. 12102. Authorization deadlines (a) Definition of completed notice date In this section, the term completed notice date, with respect to a covered energy project, means the date on which the notice of initiation under section 12101(a) for the covered energy project is— (1) determined to be complete under section 12101(b)(1); or (2) deemed to be complete under section 12101(b)(3)(B). (b) Deadlines Except as provided in subsections (c) and (d), each agency that receives from a project sponsor a notice of initiation under section 12101(a) for a covered energy project shall issue a final decision regarding each authorization for the covered energy project that is under the jurisdiction of the agency not later than— (1) the date that is 90 days after the completed notice date of the covered energy project, if the authorization is a routine authorization; and (2) the date that is 1 year after the completed notice date of the covered energy project, if the authorization is a complex authorization. (c) Extension for environmental impact statements Notwithstanding subsection (b), if the lead agency publishes a notice of intent to prepare an environmental impact statement for a covered energy project after the completed notice date of the covered energy project, the deadline for completion of the environmental impact statement, and for each final decision regarding an authorization for the covered energy project that depends on completion of that environmental impact statement, shall be the date that is 2 years after the completed notice date. (d) Earlier deadlines under other Federal law If another provision of Federal law requires an agency to issue a final decision regarding an authorization by a date that is earlier than the applicable deadline under subsection (b) or (c), the agency shall issue the final decision not later than that earlier date. (e) Failure To meet deadline (1) In general Except as provided in paragraph (2), the failure by an agency to adhere to a deadline under this section or a milestone under section 12101(c)(3)(A) shall be— (A) considered to be an agency action unlawfully withheld or unreasonably delayed under section 706(1) of title 5, United States Code; and (B) subject to review by a reviewing court under subtitle B. (2) Exceptions The failure by an agency to adhere to a deadline under this section or a milestone under section 12101(c)(3)(A) shall not be considered to be an agency action unlawfully withheld or unreasonably delayed under section 706(1) of title 5, United States Code, if— (A) the project sponsor and the agency agree to a different deadline or milestone; or (B) a reviewing court determines that— (i) a natural disaster reasonably impaired the ability of the agency to adhere to the deadline or milestone; or (ii) a national emergency or extraordinary circumstance exists for which the only available remedy is to delay the deadline or milestone. 12103. Reviewing court-approved contractors (a) Definition of eligible project In this section, the term eligible project means a covered energy project with respect to which a reviewing court has— (1) found that an agency has failed to adhere to a deadline or milestone; and (2) issued an order described in section 12204(b)(2)(C). (b) Project sponsor request (1) In general On receipt of a request from the project sponsor of an eligible project, a reviewing court may authorize the project sponsor to retain a qualified contractor to complete any necessary analysis or documentation, in accordance with this subsection. (2) Inclusions A project sponsor request under paragraph (1) shall include— (A) identifying information for the contractor proposed to be hired by the project sponsor; and (B) the qualifications of that contractor, including— (i) relevant professional credentials; (ii) prior experience with environmental reviews; and (iii) disclosure of any potential conflicts of interest that are material to the work to be performed, including— (I) any financial interest in the outcome of the applicable eligible project; (II) any contingent or success-based compensation arrangement; (III) any prior engagement with the project sponsor; (IV) any equity ownership with a 10-percent or greater interest; (V) any contractual relationship, during the 2-year period preceding the date of the request, between the contractor and an engineering, procurement, or construction firm acting as a prime contractor for the eligible project; and (VI) any current engagement relating to the eligible project. (3) Approval (A) In general Not later than 30 days after the date of receipt of a request of a project sponsor under this subsection, the reviewing court shall approve or reject the proposed contractor that is the subject of the request based on— (i) the demonstrated technical competence of the contractor for the required analyses; (ii) the absence of disqualifying conflicts of interest; (iii) the agreement of the contractor— (I) to operate under the technical guidance of the applicable agency; (II) to maintain independence in professional judgment; and (III) to proceed under the direction of the reviewing court if the agency fails to provide technical guidance or timely review by an applicable deadline under subsection (g); and (iv) a determination by the reviewing court regarding whether the contractor meets the qualifications described in subparagraph (B). (B) Qualifications The qualifications referred to in subparagraph (A)(iv), with respect to a contractor, are that the contractor— (i) holds a recognized professional license or certification applicable to the work, or has demonstrably comparable expertise; (ii) has demonstrated experience completing similar analyses for agencies during the preceding 5-year period; (iii) is not debarred or suspended from Federal contracting; and (iv) maintains professional liability insurance of not less than $1,000,000. (C) Form of approval The approval of a reviewing court under this paragraph may include any conditions or limitations necessary to ensure compliance with applicable law. (c) Standards and obligations (1) In general A contractor approved by a reviewing court under subsection (b) shall— (A) follow applicable laws (including regulations) and technical standards relevant to the analyses performed by the contractor; (B) certify under penalty of perjury that the work product of the contractor— (i) is factually accurate, to the best of the knowledge and belief of the contractor; (ii) was prepared using generally accepted professional methods; and (iii) complies with applicable professional standards and practices; (C) maintain professional independence from the applicable project sponsor in all technical determinations and analyses; (D) remain subject to applicable professional liability and ethical standards; and (E) execute a sworn conflict of interest and relationship disclosure, as described in subsection (b)(2)(B)(iii), and maintain a log of material communications with the project sponsor, which shall be made available to the reviewing court and any applicable agency on request. (2) Status of work product All work product of a contractor approved under this section shall be— (A) deemed to be received by the applicable agency on submission by the contractor; and (B) included in the administrative record relating to each relevant authorization. (d) Payment (1) In general All reasonable costs of a contractor approved by a reviewing court under this section, including the costs of studies, modeling, and coordination, shall be paid— (A) by the relevant lead agency from amounts in the Permitting Performance Fund established by section 12104(a); and (B) at rates not higher than comparable rates on the Federal Supply Schedule of the General Services Administration, or as otherwise determined to be reasonable by the reviewing court. (2) Advances (A) In general A project sponsor may advance to a contractor approved under this section payment for any costs described in paragraph (1). (B) Reimbursement The relevant lead agency shall reimburse a project sponsor that makes an advance payment under subparagraph (A) not later than 30 days after the date on which the project sponsor submits to the lead agency an invoice relating to the advance payment. (e) Scope of work A contractor approved by a reviewing court under this section shall prepare only the documentation necessary to complete the relevant administrative record. (f) Production of government information (1) In general On a motion of the project sponsor or a contractor approved by a reviewing court under this section, the reviewing court may order any agency, or any State or local agency, identified as a cooperating agency in the project schedule under section 12101(c)(2), to produce, by a date certain, any document, data, or expert input necessary to complete the relevant administrative record. (2) No tolling A failure by an agency to produce a document, data, or input by the applicable date under paragraph (1) shall not toll any deadline under this title. (g) Deadlines for contractor work A reviewing court shall establish deadlines for deliverables of a contractor approved by the reviewing court under this section, subject to the condition that such a deadline shall not exceed— (1) 120 days for a complex authorization not requiring an environmental impact statement; and (2) 240 days for a complex authorization requiring an environmental impact statement. (h) Agency decisions on contractor-Prepared record (1) Agency action Not later than 30 days after the date on which a contractor approved by a reviewing court under this section submits to an applicable agency the completed documentation prepared by the contractor, the agency shall— (A) independently evaluate the documentation, take responsibility for the contents, and issue a final decision regarding the applicable authorization, based on the documentation; or (B) identify, including a citation to the applicable law or regulation, any specific legal deficiency in the documentation that requires correction, subject to paragraph (2)(C). (2) Deficiencies (A) In general If an agency identifies a deficiency under paragraph (1)(B), the affected contractor shall correct the deficiency not later than 90 days after the date on which the identification occurs. (B) Action by agency Not later than 14 days after the date of receipt of corrected documentation under subparagraph (A), an agency shall issue a final decision regarding the applicable authorization. (C) Single identification An agency may identify deficiencies under paragraph (1)(B) on only 1 occasion, unless the applicable reviewing court approves another identification for good cause based on a legal requirement that was not in effect at the time of the initial identification of deficiencies. (3) Limitation An agency may not reject any documentation prepared by a contractor approved by a reviewing court under this section based on a policy disagreement or any other discretionary factor if the documentation satisfies all applicable legal requirements. 12104. Permitting Performance Fund (a) Establishment There is established in the Treasury a fund, to be known as the Permitting Performance Fund (referred to in this section as the Fund), consisting of such amounts as are appropriated to the Fund pursuant to subsection (c). (b) Use of funds Amounts in the Fund shall be available, without further appropriation, to pay the costs of any contractor approved by a reviewing court under section 12103(b). (c) Authorization of appropriations There are authorized to be appropriated to the Fund— (1) $50,000,000 for the initial capitalization of the Fund; and (2) thereafter, such sums as are necessary to carry out this section. 12105. Effective date (a) In general This subtitle shall apply to any notice of initiation submitted under section 12101(a) for a covered energy project on or after the date that is 90 days after the date of enactment of this title. (b) Pending projects For a covered energy project the notice of initiation for which is pending on the effective date described in subsection (a)— (1) this subtitle shall apply beginning on the date that is 120 days after the date of enactment of this title; and (2) as applicable, the completed notice date (as defined in section 12102(a)) shall be deemed to be the date that is 120 days after that date of enactment. B Judicial review 12201. Causes of action (a) In general Subject to subsection (b), a project sponsor of a covered energy project may file a petition in accordance with section 12202 for judicial review of— (1) a final agency action relating to the covered energy project; (2) an alleged failure by an agency— (A) to act on the covered energy project, including through unlawful withholding or unreasonable delay; or (B) to adhere to— (i) a milestone established for the covered energy project under section 12101(c)(3)(A); or (ii) a deadline applicable to the covered energy project under section 12102; or (3) an order, directive, suspension, revocation, or other action described in section 12301(b) of an agency relating to the covered energy project. (b) Single petition rule (1) In general A project sponsor may file only 1 petition under this subtitle with respect to any single cause of action described in subsection (a). (2) Multiple grounds A project sponsor may file a single petition under this subtitle seeking multiple grounds for relief. (c) Relief sought A petition under this subtitle may seek 1 or more of the following: (1) Review of an order, directive, or action described in section 12301(b). (2) A court order compelling agency action or other relief for an unreasonable delay in the authorization process, in accordance with this title. (3) Review of the designation of an authorization as a complex authorization pursuant to section 12101(d)(3). (d) Intervention (1) In general Any person that would have standing under article III of the Constitution of the United States to challenge or defend the applicable agency action may move to intervene in a cause of action under this subtitle. (2) Ruling The reviewing court shall rule expeditiously on any motion to intervene under paragraph (1). (e) Savings clause Nothing in this title waives, limits, constitutes an election of remedies against, or establishes an exclusive statutory remedy that precludes, any claim by a project sponsor or other entity for just compensation under the Fifth Amendment to the Constitution of the United States. 12202. Petition requirements (a) Contents (1) Requirements A petition under this subtitle shall contain an affidavit, together with supporting documentation described in paragraph (2), demonstrating the grounds for the petition as follows: (A) Actions relating to fully permitted projects A petition alleging that an agency violated section 12301 with respect to a covered energy project shall demonstrate that— (i) the agency issued an order or directive, revoked a permit or authorization, or carried out any other action to halt, delay, or otherwise cancel a previously authorized activity in violation of section 12301; and (ii) the project sponsor has suffered or will suffer harm as a direct result of the action described in clause (i). (B) Unreasonable delays A petition alleging unreasonable delay by an agency with respect to a covered energy project shall demonstrate that— (i) the petitioner is a project sponsor that has submitted a notice of initiation under section 12101(a) for the covered energy project; (ii) the notice was, on such date as the project sponsor shall specify— (I) determined to be complete under section 12101(b)(1); or (II) deemed to be complete under section 12101(b)(3)(B); (iii) the applicable deadline for a final decision relating to an authorization for the covered energy project under section 12102 has lapsed without the agency issuing the final decision; and (iv) the petitioner has suffered or will suffer harm as a result of the lapse described in clause (iii). (C) Designations as complex A petition seeking review of the designation of an authorization as a complex authorization shall demonstrate that the written, reasoned determination by the applicable lead agency fails to identify project-specific factors that justify the designation, in accordance with section 12101(d)(3). (2) Documents and other information (A) In general A petition under this subtitle shall include, as applicable to each claim asserted in the petition— (i) all relevant agency correspondence (including any application for an authorization), deficiency notices, and determinations relating to a notice of initiation or project schedule for the applicable covered energy project, if any; (ii) a copy of each final agency action, authorization, record of decision, environmental document, or order that is the subject of the petition; and (iii) identification, to the maximum extent practicable, of any records similar to the records described in this subparagraph that are unavailable to the petitioner and the reasons for the unavailability. (B) Additional information A petition for judicial review under this subtitle may include other available relevant documents, such as expert reports, economic analyses, or affidavits from personnel, relating to— (i) the applicable covered energy project; (ii) action or inaction by an applicable agency; or (iii) harm suffered by the petitioner. (b) Naming of respondents (1) In general In a petition under this subtitle challenging the schedule for a covered energy project under section 12101(c), or the designation of an authorization as a complex authorization under section 12101(d)(3), the head of the applicable lead agency shall be named as the respondent. (2) Other causes of action In a petition under this subtitle relating to a cause of action not described in paragraph (1), the head of the agency that carried out the applicable final agency action, issued the applicable order or directive, or is alleged to have unlawfully withheld or unreasonably delayed action shall be named as the respondent. (c) Filing dates (1) Final agency actions A petition under this subtitle for a cause of action described in section 12201(a)(1) shall be filed not later than 60 days after the date on which the applicable agency action becomes final. (2) Failures to act A petition under this subtitle for a cause of action described in section 12201(a)(2) may be filed beginning on the date that is 30 days after the date of the applicable missed deadline or milestone. (3) Actions relating to fully permitted projects A petition under this subtitle for a cause of action described in section 12201(a)(3) shall be filed not later than 30 days after the date on which the applicable order, directive, suspension, revocation, or other action of an agency is issued or carried out. (d) Service The petitioner shall serve a petition under this subtitle on— (1) the Attorney General of the United States; (2) the head of the lead agency with respect to the covered energy project that is the subject of the petition; and (3) each cooperating agency identified under section 12101(c)(2) in the project schedule for the covered energy project that is the subject of the petition. 12203. Review by reviewing courts (a) Standard of review (1) In general A reviewing court shall conduct the review of, and reach a decision regarding, a petition under this subtitle in accordance with chapter 7 of title 5, United States Code. (2) Administrative record (A) In general Judicial review of a petition under this subtitle shall be based on an administrative record compiled and certified by the head of the agency named in the petition as the respondent under section 12202(b). (B) Multiple respondents If multiple agency heads are named in a petition as respondents under section 12202(b)— (i) each agency head shall compile and certify the portions of the record within the custody of that agency; and (ii) the lead agency, or such other agency as the reviewing court may require, shall assemble a consolidated record. (C) Failures to act The administrative record relating to a petition under this subtitle for a cause of action described in section 12201(a)(2) shall include, as applicable— (i) the notice of initiation submitted under section 12101(a); (ii) any completeness or deficiency designation of that notice under section 12101(b); (iii) the project schedule published under section 12101(c); and (iv) any other materials the reviewing court determines to be necessary to resolve the petition. (b) Representation of respondents A respondent named under section 12202(b) shall be represented in accordance with section 518(a) of title 28, United States Code. (c) Additional submissions In addition to the documents and information required under section 12202(a)(2), a petitioner shall submit to the reviewing court, in accordance with a schedule established by the reviewing court, such other records and documents as are reasonable and necessary for determination of the appropriate remedy. (d) Discovery and record development (1) In general There shall be no discovery in a proceeding relating to a petition under this subtitle other than such discovery as may be ordered by the reviewing court, as the reviewing court determines to be reasonable and necessary to determine the appropriate remedy. (2) Information, testimony, and documents The reviewing court may require the submission of such information, the testimony of such persons, and the production of such documents as the reviewing court determines to be reasonable and necessary for purposes of this subsection. 12204. Expedited procedure; relief; appeals (a) Expedited procedure A reviewing court shall— (1) establish an expedited schedule for briefing and disposition relating to a petition under this subtitle; and (2) absent extraordinary circumstances, issue a decision with respect to a petition under this subtitle as expeditiously as practicable. (b) Available relief (1) In general On a finding by a reviewing court that a petitioner is entitled to relief under this subtitle, the reviewing court shall grant such legal, equitable, and administrative relief as the reviewing court determines to be appropriate to effectuate the purposes of this title in accordance with paragraph (2). (2) Actions by reviewing court A reviewing court that makes a finding described in paragraph (1) shall, as applicable— (A) hold unlawful and set aside any final agency action found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) remand each applicable matter to the appropriate agency for further action in accordance with the direction of the reviewing court, together with a schedule and deadline for completion of those actions, which deadline shall not exceed— (i) 180 days after the date on which the judgment is issued; or (ii) such longer period to which the project sponsor may agree; and (C) in any case involving unlawful withholding or unreasonable delay, issue an order that— (i) compels the appropriate agency to act; (ii) specifies the date by which each discrete action of the agency shall be completed in order to finalize the agency review and issue a final agency decision; and (iii) retains the jurisdiction of the reviewing court to ensure compliance with the order. (c) Appeals Any party aggrieved by a final judgment of a reviewing court under this subtitle, other than a judgment of a United States court of appeals, may obtain review in the United States court of appeals of competent jurisdiction under chapter 83 of title 28, United States Code, subject to the condition that a notice of appeal shall be filed not later than 60 days after the date of entry of the judgment. C Fully permitted projects 12301. Treatment of fully permitted projects (a) Definition of fully permitted project In this section, the term fully permitted project means a covered energy project that has received a substantial majority of the authorizations required for the covered energy project. (b) Prohibition No agency or Federal official shall issue any order or directive terminating the construction or operation of a fully permitted project, revoke any permit or authorization for a fully permitted project, or take any other action to halt, suspend, delay, or terminate an authorized activity carried out to support a fully permitted project unless— (1) there exists— (A) a clear, immediate, and substantiated harm for which the Federal order, directive, or action is required to prevent, mitigate, or repair; and (B) no other viable alternative that would allow a previously authorized activity, such as construction, to continue; or (2) (A) an applicable authorization is illegal under applicable Federal law; and (B) the Federal order, directive, or action is the only available remedy to address that illegality. (c) Limitation on petitions (1) In general No agency may petition a court for voluntary remand of an authorization for a fully permitted project that has received a record of decision unless the project sponsor consents to the petition. (2) In-camera review As necessary, a court may review a petition submitted under this subsection in camera. (d) Effective date This section shall apply to any order, directive, suspension, revocation, or other agency action described in subsection (b) that is issued or carried out on or after the date of enactment of this title.. (b) Clerical amendment The table of contents contained in section 101(b) of the Energy Act of 2020 (Public Law 116–260; 134 Stat. 2418) is amended by adding at the end the following: TITLE XII—Fighting for reliable energy and ending doubt for open markets Sec. 12001. Definitions. Subtitle A—Authorization timelines Sec. 12101. Notices of initiation; project schedules. Sec. 12102. Authorization deadlines. Sec. 12103. Reviewing court-approved contractors. Sec. 12104. Permitting Performance Fund. Sec. 12105. Effective date. Subtitle B—Judicial review Sec. 12201. Causes of action. Sec. 12202. Petition requirements. Sec. 12203. Review by reviewing courts. Sec. 12204. Expedited procedure; relief; appeals. Subtitle C—Fully permitted projects Sec. 12301. Treatment of fully permitted projects..