,,ii #aafth ,,congress #b;d ,session ,s4 #dhbi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ba 7legislative day1 ,october #ai71 #bjbj,mr4 ,lee 7for himself and ,mr4 ,cramer7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,national ,environmental ,policy ,act of #aifi to provide for legal reform1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,nepa ,legal ,reform ,act of #bjbj4 #b4 ,legal reforms under ,,nepa 7a7 ,in general ,title ,i of the ,national ,environmental ,policy ,act of #aifi is amended-- 7#a7 by redesignating section #aje 7#db ,u4,s4,c4 #dcce7 as section #ajf2 and 7#b7 by inserting after section #ajd 7#db ,u4,s4,c4 #dccd7 the following3 #aje4 ,legal reform 7a7 ,definitions ,in this section3 7#a7 ,federal agency ,the term ,federal agency includes a ,state that has assumed responsibility under section #cbg of title #bc1 ,united ,states ,code4 7#b7 ,head of a ,federal agency ,the term head of a ,federal agency includes the governor or head of an applicable ,state agency of a ,state that has assumed responsibility under section #cbg of title #bc1 ,united ,states ,code4 7#c7 ,,nepa process 7,a7 ,in general ,the term ,,nepa process means the entirety of every process1 analysis1 or other measure1 including an environmental impact statement1 required to be carried out by a ,federal agency under this title before the agency undertakes a proposed action4 7,b7 ,period ,for purposes of subparagraph 7,a71 the ,,nepa process-- 7i7 begins on the date on which the head of a ,federal agency receives an application for a proposed action from a project sponsor2 and 7ii7 ends on the date on which the ,federal agency issues1 with respect to the proposed action-- 7,i7 a record of decision1 including1 if necessary1 a revised record of decision2 7,,ii7 a finding of no significant impact2 or 7,,iii7 a categorical exclusion under this title4 7#d7 ,project sponsor ,the term project sponsor means a ,federal agency or other entity1 including a private or public-private entity1 that seeks approval of a proposed action4 7b7 ,judicial review 7#a7 ,standing ,notwithstanding any other provision of law1 a plaintiff may only bring a claim arising under ,federal law seeking judicial review of a portion of the ,,nepa process if the plaintiff pleads facts that allege that the plaintiff has personally suffered1 or will likely personally suffer1 a direct1 tangible harm as a result of the portion of the ,,nepa process for which the plaintiff is seeking review4 7#b7 ,statute of limitations 7,a7 ,in general ,notwithstanding any other provision of law and except as provided in subparagraph 7,b77ii71 a claim arising under ,federal law seeking judicial review of any portion of the ,,nepa process shall be barred unless it is filed not later than the earlier of-- 7i7 #aej days after the final agency action under the ,,nepa process has been taken2 and 7ii7 if applicable1 an earlier date after which judicial review is barred that is specified in the ,federal law pursuant to which the judicial review is allowed4 7,b7 ,new information 7i7 ,consideration ,a ,federal agency shall consider for the purpose of a supplemental environmental impact statement new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under the regulations of the ,federal agency4 7ii7 ,statute of limitations based on new information ,if a supplemental environmental impact statement is required under the regulations of a ,federal agency1 a claim for judicial review of the supplemental environmental impact statement shall be barred unless it is filed not later than the earlier of-- 7,i7 #aej days after the publication of a notice in the ,federal ,register that the supplemental environmental impact statement is final2 and 7,,ii7 if applicable1 an earlier date after which judicial review is barred that is specified in the ,federal law pursuant to which the judicial review is allowed4 7,c7 ,savings clause ,nothing in this paragraph creates a right to judicial review4 7#c7 ,remedies 7,a7 ,preliminary injunctions and temporary restraining orders 7i7 ,in general ,subject to clause 7ii71 in a motion for a temporary restraining order or preliminary injunction against a ,federal agency or project sponsor in a claim arising under ,federal law seeking judicial review of any portion of the ,,nepa process1 the plaintiff shall establish by clear and convincing evidence that-- 7,i7 the plaintiff is likely to succeed on the merits2 7,,ii7 the plaintiff is likely to suffer irreparable harm in the absence of the temporary restraining order or preliminary injunction1 as applicable2 7,,iii7 the balance of equities is tipped in the favor of the plaintiff2 and 7,,iv7 the temporary restraining order or preliminary injunction is in the public interest4 7ii7 ,additional requirements ,a court may not grant a motion described in clause 7i7 unless the court-- 7,i7 makes a finding of extraordinary circumstances that warrant the granting of the motion2 7,,ii7 considers the potential effects on public health1 safety1 and the environment1 and the potential for significant negative effects on jobs resulting from granting the motion2 and 7,,iii7 notwithstanding any other provision of law1 applies the requirements of ,rule #fe7;c7 of the ,federal ,rules of ,civil ,procedure4 7,b7 ,permanent injunctions 7i7 ,in general ,subject to clause 7ii71 in a motion for a permanent injunction against a ,federal agency or project sponsor a claim arising under ,federal law seeking judicial review of any portion of the ,,nepa process1 the plaintiff shall establish by clear and convincing evidence that-- 7,i7 the plaintiff has suffered an irreparable injury2 7,,ii7 remedies available at law1 including monetary damages1 are inadequate to compensate for the injury2 7,,iii7 considering the balance of hardship between the plaintiff and defendant1 a remedy in equity is warranted2 7,,iv7 the public interest is not disserved by a permanent injunction2 and 7,v7 if the error or omission of a ,federal agency in a statement required under this title is the grounds for which the plaintiff is seeking judicial review1 the error or omission is likely to result in specific1 irreparable damage to the environment4 7ii7 ,additional showing ,a court may not grant a motion described in clause 7i7 unless-- 7,i7 the court makes a finding that extraordinary circumstances exist that warrant the granting of the motion2 and 7,,ii7 the permanent injunction is-- 7aa7 as narrowly tailored as possible to correct the injury2 and 7bb7 the least intrusive means necessary to correct the injury4 4 7b7 ,attorney fees in environmental litigation 7#a7 ,administrative procedure ,section #ejd7;b77#a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,e71 by striking and at the end2 7,b7 in subparagraph 7,f71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,g7 special factor does not include knowledge1 expertise1 or skill in environmental litigation4 4 7#b7 ,united ,states as party ,section #bdab7;d77#b7 of title #bh1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,h71 by striking and at the end2 7,b7 in subparagraph 7,i71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,j7 special factor does not include knowledge1 expertise1 or skill in environmental litigation4 4