,i  #aaeth ,,congress  #b;d ,session    
,h4 ,r4 #edfh  ,,in ,,the ,,house ,,of  
,,representatives  ,april #aa1 #bjah    
,mr4 ,marino 7for himself1 ,mr4         
,cuellar1 ,mr4 ,goodlatte1 ,mr4 ,smith  
of ,texas1 ,mr4 ,collins of ,georgia1   
and ,mr4 ,amodei7 introduced the        
following bill2 which was referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to amend chapter #g of title   
#e1 ,united ,states ,code1 to provide   
for certain limitations on judicial     
review of agency actions1 and for other 
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,permitting         
,litigation ,efficiency ,act of #bjah4  
#b4 ,limitations on judicial review of  
agency actions ,section #gjf of title   
#e1 ,united ,states ,code1 is amended-- 
7#a7 by striking ,to the extent and     
inserting 7a7 ,to the extent2 and  7#b7 
by adding at the end the following3  7b7
 ,a court shall presume a delay in final
 action on an application for           
,federally-required permits to be an    

unreasonable delay for purposes of      
subsection 7a7 if final action on all   
permits applied for is not taken        
before-- 7#a7 the date for final action 
established in a schedule set by an     
official designated by the ,president1  
provided that such schedule is          
established not later than #fj days of  
the filing of the completed application 
and includes1 in addition to such date  
for final action1 a date prior to such  
date for the final determination of the 
scope of any statutorily required       
environmental review2 or  7#b7 in the   
absence of such a date for final action 
on the application1 the date that is #b 
years after the date the completed      
application was filed1 other than in    
accordance with-- 7,a7 a timetable under
 section #dajjc7;c77#b7 of the ,fixing  
,america's ,surface ,transportation     
,act2  7,b7 section #aci of title #bc1  
,united ,states ,code2 or  7,c7 section 
#bjde of the ,water ,resources          
,development ,act of #bjjg4  7c7        

,notwithstanding any other provision of 
law1 judicial review of any permitting  
determination for a permit described in 
subsection 7b7 shall be barred unless   
the action is filed not later than #ahj 
days after the date of the final record 
of decision or approval or denial of the
 permit1 unless a different time is     
otherwise specified in law4 ,in any     
action seeking judicial review of such a
 determination1 such review shall be    
limited only to matters that were       
included in any record of the proceeding
 of the agency that pertain to the      
issuance of the permit1 including the   
final determination of the scope of any 
environmental review4  4  #c4 ,issuance 
of restraining orders and injunctions   
7a7 ,preliminary injunctions or         
temporary restraining orders ,section   
#gje of title #e1 ,united ,states ,code1
 is amended--  7#a7 by striking ,when an
 agency and inserting 7a7 ,when an      
agency2 and  7#b7 by adding at the end  
the following3  7b7 ,in any action      

seeking review of a determination to    
issue a permit1 if a party moves for a  
temporary restraining order or          
preliminary injunction pertaining to the
 permit or the permitted activity1 the  
court1 in addition to any other         
applicable equitable considerations--   
7#a7 shall consider1 in assessing the   
balance of the equities and the public  
interest1 the potential beneficial and  
harmful effects resulting from such an  
order or injunction on public health1   
safety1 the environment1 and economic   
interests1 including in areas that will 
be affected by the permitted activity   
and on the employment of ,united ,states
 workers2  7#b7 may not presume that any
 harms identified pursuant to paragraph 
7#a7 are reparable2  7#c7 may condition 
such an order or injunction upon the    
payment by the party seeking such order 
or injunction of a bond equal to an     
amount not to exceed #e1jjj1jjj or a    
lesser1 but material1 percentage of the 
reasonably anticipated costs of delay of

 the project for which the permit or    
permits were applied2 and  7#d7 may not 
issue a temporary restraining order     
unless the party seeking the order shows
 that it was not reasonably possible to 
seek a preliminary injunction at an     
earlier date4  4  7b7 ,permanent        
injunctions ,section #gjf of title #e1  
,united ,states ,code1 as amended by    
this ,act1 is further amended by adding 
at the end the following3  7d7 ,in any  
action seeking review of a determination
 to issue a permit1 if a party moves for
 a restraining order or injunction      
pertaining to the permit or the         
permitted activity1 the court1 in       
addition to considering any other       
applicable equitable factors1 shall     
issue such order only if it is          
determined to be in the public interest1
 and shall1 in making such              
determination1 consider-- 7#a7 the      
environmental benefits of the permitted 
activity2 and  7#b7 the costs1 including
 detrimental effects on the environment1

 of any delay in undertaking the        
permitted activity4  7e7 ,the court may 
preclude recovery by a permit applicant 
on a bond required under section        
#gje7;b77#c7 if the court determines the
 action was substantially justified4  4