,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #hbdi  ,,in ,,the ,,house ,,of  
,,representatives  ,april #ac1 #bjbf,mr4
 ,gottheimer introduced the following   
bill2 which was referred to the         
,committee on ,natural ,resources  ,a   
,,bill  ,to amend the ,national         
,environmental ,policy ,act of #aifi to 
clarify the scope of review1 establish  
limits for judicial review of           
environmental documents relating to     
energy infrastructure1 and for other    
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,making ,reviews    
,certain ,act4  #b4 ,scope of review    
,section #ajf of the ,national          
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dccf7 is amended--  7#a7
 in the heading1 by inserting 2 scope of
 review after level of review2 and  7#b7
 by adding at the end the following3    
7c7 ,scope of review ,in preparing an   
environmental document for a proposed   
agency action1 a ,federal agency is only
 required to consider those effects that

 share a reasonably close causal        
relationship to1 and are proximately    
caused by1 the immediate project or     
action under consideration1 to comply   
with the requirements of this ,act4  4  
#c4 ,limitations on judicial review of  
environmental documents relating to     
energy infrastructure ,title ,i of the  
,national ,environmental ,policy ,act of
 #aifi 7#db ,u4,s4,c4 #dcca et seq47 is 
amended--  7#a7 by redesignating section
 #aab as section #aaj;,a and moving such
 section so as to appear after section  
#aaj2 and  7#b7 by inserting before     
section #aaa the following3  #aaj;,b4   
,limitations on judicial review of      
environmental documents relating to     
energy infrastructure  7a7 ,limitations 
on claims  7#a7 ,in general             
,notwithstanding any other provision of 
law 7except as provided in subparagraph 
7,a7 with respect to a shorter          
deadline71 a claim challenging whether a
 final agency action relating to energy 
infrastructure complies with the        

requirements of this ,act shall be      
barred unless-- 7,a7 such claim is filed
 not later than #ahj days after the     
final agency action is made public1     
unless a shorter deadline is specified  
under law2  7,b7 in the case of a final 
agency action for which there was a     
public comment period on an             
environmental document1 such claim-- 7i7
 is filed by a party that submitted a   
substantive and unique comment during   
such public comment period by the       
noticed comment deadline for the        
environmental document and such comment 
was sufficiently detailed to put the    
applicable ,federal agency on notice of 
the issue upon which the party seeks    
review2 and  7ii7 concerns the same     
subject matter raised in the comment    
submitted during the public comment     
period2  7,c7 such claim is filed by a  
party that has suffered or imminently   
will suffer direct harm from the final  
agency action2 and  7,d7 such claim does
 not challenge the establishment of a   

categorical exclusion4  7#b7 ,energy    
infrastructure defined ,in this         
subsection1 the term energy             
infrastructure means a facility1 and    
associated equipment1 used for enabling 
the identification1 leasing1            
development1 production1 processing1    
transportation1 transmission1 refining1 
and generation needed for energy4  7b7  
,limitations on remand  7#a7 ,in general
 ,notwithstanding any other provision of
 law1 no final agency action shall be   
vacated by a court1 following a decision
 on the merits1 unless the court        
determines that-- 7,a7 the major        
,federal action for which the           
environmental document or final agency  
action is prepared will pose a          
significant risk of a proximate and     
substantial environmental harm2 and     
7,b7 there is no other equitable remedy 
available as a matter of law4  7#b7     
,remand ,notwithstanding any other      
provision of law1 if a court determines 
there are errors or deficiencies with an

 environmental document or final agency 
action that need to be corrected--  7,a7
 the court may remand the environmental 
document to the applicable ,federal     
agency with specific instruction to     
correct such errors or deficiencies     
within #ahj days from the date on which 
the order of the court was issued to the
 applicable ,federal agency2 and  7,b7  
the major ,federal action may be carried
 out pursuant to the final agency action
 notwithstanding the remand of the      
environmental document or final agency  
action under subparagraph 7,a71         
including during the time prescribed by 
the court to the ,federal agency to     
correct such errors or deficiencies1 so 
long as the court has not determined    
that vacatur is appropriate under       
paragraph 7#a74  7c7 ,no effect on      
review of compliance with other         
deadlines ,this section shall not affect
 the right to obtain review under       
section #ajg7;g77#c74  4  #d4 ,deference
 to agencies in judicial review ,section

 #aaa of the ,national ,environmental   
,policy ,act of #aifi 7#db ,u4,s4,c4    
#dccf;e7 is amended by adding at the end
 the following3  7#ad7 ,reasonably      
foreseeable ,to comply with the         
requirements of this ,act1 the term     
reasonably foreseeable1 with respect to 
environmental effects of a proposed     
agency action1 means effects that share 
a reasonably close causal relationship  
to1 and are proximately caused by1 the  
immediate project or action under       
consideration4  4