Judicial review timeline clarity

Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended— (1) in subsection (t), by striking (t) Nothing in this section and inserting the following: (u) Savings provision Nothing in this section; and (2) by inserting after subsection (s) the following: (t) Judicial review (1) Statute of limitations Notwithstanding any applicable provision of law relating to statutes of limitations— (A) an action seeking judicial review, under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act), or any other applicable provision of law, of the approval by the Administrator of a State permit program pursuant to this section shall be filed not later than the date that is 150 days after the date on which the approval was issued, unless a shorter time period is otherwise provided for by law; (B) an action seeking judicial review, under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act), or any other applicable provision of law, of an individual permit or general permit issued under this section shall be filed not later than the date that is 150 days after the date on which the permit was issued, unless a shorter time period is otherwise provided for by law; and (C) an action seeking judicial review, under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act), or any other applicable provision of law, of a verification that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section shall be filed not later than the date that is 150 days after the date on which the verification was issued, unless a shorter time period is otherwise provided for by law. (2) Limitation on commencement of certain actions (A) In general Notwithstanding any other provision of law but subject to subparagraph (B), no action described in subparagraph (A) or (B) of paragraph (1) may be commenced unless the action— (i) is filed by a party that submitted a comment— (I) during the public comment period for the administrative proceedings related to the action; and (II) that is sufficiently detailed to put the Administrator, the Secretary, or the State, as applicable, on notice of the issue on which the party seeks judicial review; and (ii) is related to that comment. (B) Limitation The limitation under subparagraph (A) shall only apply to actions for which— (i) a draft of the action was published in the Federal Register; and (ii) the applicable agency provided a public comment period of not less than 30 days. (3) Remedies for actions relating to permits If a court determines that the Secretary or a State, as applicable, did not comply with the requirements of this section in issuing an individual or general permit under this section, or in verifying that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section, or otherwise was arbitrary and capricious under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act), as applicable— (A) the court shall remand the matter to the Secretary or the State, as applicable, for further proceedings consistent with the determination of the court; (B) with respect to a determination regarding the issuance of an individual or general permit under this section, the court may not vacate, revoke, enjoin, or otherwise limit the permit unless the court finds that activities authorized under the permit would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law; and (C) with respect to a determination regarding a verification that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section, the court may not enjoin or otherwise limit the discharge unless the court finds that the activity would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law. (4) Timeline to act on court order If a court remands a matter under paragraph (3), the court shall set and enforce a reasonable schedule and deadline, which may not exceed 180 days from the date on which the court remands the matter, except as otherwise required by law, for the Administrator, the Secretary, or the State, as applicable, to take such actions as the court may order..