,,ii #aaith ,,congress #ast ,session ,s4 #ccje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #b1 #bjbe,mr4 ,cotton introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to preclude repeat litigation involving energy projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,curtailing ,litigation ,excess and ,abuse ,reform ,act of #bjbe or the ,,clear ,act of #bjbe4 #b4 ,preclusion of repeat litigation 7a7 ,definitions ,in this section3 7#a7 ,authorization ,the term authorization means any license1 permit1 approval1 finding1 determination1 or administrative decision issued by an agency and any interagency consultation that is required or authorized under ,federal law in order to site1 construct1 reconstruct1 or commence operations of an energy project administered by-- 7,a7 a ,federal agency2 or 7,b7 in the case of a ,state participating in or administering a review required or authorized under ,federal law1 as applicable1 a ,state agency4 7#b7 ,completion 7,a7 ,in general ,the term completion1 with respect to an energy project1 means the earlier of-- 7i7 the date that the energy project commences commercial operation2 and 7ii7 the date that the energy project begins production or delivery of energy or resources4 7,b7 ,exclusion ,the term completion1 with respect to an energy project1 does not include construction activities pertaining to the energy project4 7#c7 ,energy project ,the term energy project means a project for the development of a facility for-- 7,a7 the generation1 transmission1 distribution1 or storage of electric energy2 7,b7 the production1 processing1 transportation1 or delivery of fossil fuels1 fuels derived from petroleum1 or petrochemical feedstocks2 or 7,c7 the extraction1 processing1 refining1 recycling1 or transportation of critical minerals essential to energy production1 grid reliability1 or national security4 7#d7 ,legal action 7,a7 ,in general ,the term legal action means a legal claim brought in a ,federal or ,state court of competent jurisdiction pursuant to applicable law to remand1 reverse1 rescind1 overturn1 modify1 or otherwise seek judicial relief 7including equitable relief7 with respect to an authorization for an energy project4 7,b7 ,exception ,the term legal action does not include a legal claim involving an authorization for an energy project brought by a landowner for the fair market value of property which has been or may be acquired by eminent domain authority exercised pursuant to applicable ,federal law4 7b7 ,preclusion 7#a7 ,common nucleus of operative fact ,for the purposes of this section and res judicata1 an energy project and all associated authorizations for that energy project shall be considered the common nucleus of operative fact giving rise to any legal action under ,federal law4 7#b7 ,single action rule 7,a7 ,in general ,notwithstanding any other provision of law1 once a legal action or a claim involving any other aspect of an energy project has been finally adjudicated on the record by a court of competent jurisdiction1 no subsequent legal action or a claim involving any aspect of an energy project may be brought in any ,federal or ,state court with respect to the same energy project1 regardless of-- 7i7 the identity of the parties2 7ii7 the form of relief sought2 or 7iii7 whether the subsequent legal action or claim challenges a different authorization or agency decision related to the same energy project4 7,b7 ,final adjudication ,a final adjudication under subparagraph 7,a7 includes any judgment1 degree1 or order issued by a court that disposes of the legal action on the merits and is not subject to appeal4 7#c7 ,jurisdiction ,no ,federal or ,state court shall have jurisdiction to hear or consider any legal action barred under paragraph 7#b74 7c7 ,effect 7#a7 ,in general ,the preclusive effect established pursuant to subsection 7b7 is solely for the benefit of1 and may only be asserted by-- 7,a7 the ,federal agency that issued an authorization for the applicable energy project2 or 7,b7 the project sponsor of the applicable energy project4 7#b7 ,no expansion of rights ,nothing in this section creates1 enlarges1 or recognizes any right of action1 defense1 or claim preclusion on behalf of any party other than-- 7,a7 the ,federal agency that issued an authorization for the applicable energy project2 and 7,b7 the project sponsor of the applicable energy project4 7d7 ,exceptions ,nothing in this section precludes judicial review of-- 7#a7 a legal action alleging operational violations of ,federal or ,state law occurring after completion of the energy project2 or 7#b7 an enforcement action brought by the ,united ,states or a ,state in its sovereign capacity to ensure compliance with applicable law4 #c4 ,judicial review 7a7 ,standard of review ,notwithstanding chapter #g of title #e1 ,united ,states ,code1 in reviewing a legal action1 a court may hold that an applicable ,federal agency did not adequately comply with the procedural requirements needed to issue the authorization only if the court determines that the applicable ,federal agency abused its substantial discretion in complying with the procedural requirements in issuing the authorization4 7b7 ,role of the court ,a court reviewing a legal action described in subsection 7a7 shall defer to the applicable ,federal agency and may not substitute its judgment for the judgment of the applicable ,federal agency regarding factual determinations or the scope of review for issuance of the authorization4 7c7 ,remand 7#a7 ,in general ,if a court holds that an applicable ,federal agency failed to adequately comply with the procedural requirements needed to issue an authorization under subsection 7a71 the court may only remand the authorization to the ,federal agency with-- 7,a7 specific instruction to correct the errors or deficiencies in compliance2 and 7,b7 a reasonable schedule and deadline1 subject to the condition that the deadline may not exceed-- 7i7 with respect to an order entered on or after the date of enactment of this ,act1 the date that is #ahj days after the date on which the order was entered2 and 7ii7 with respect to an order entered before the date of enactment of this ,act1 the date that is #ahj days after that date of enactment4 7#b7 ,continued effect ,an authorization remanded under paragraph 7#a7 shall remain in effect while the ,federal agency corrects any errors or deficiencies specified by the court4 7d7 ,limitations on claims ,notwithstanding chapter #g of title #e1 ,united ,states ,code1 a legal action described in subsection 7a7 shall be barred unless-- 7#a7 the legal action is filed not later than #aej days after the date on which the final agency action regarding the applicable authorization is made public1 unless a shorter timeline is specified under ,federal law2 and 7#b7 in the case of an authorization for which there was a public comment period1 the legal action-- 7,a7 is filed by a party that submitted a substantive and unique comment during a public comment period by the noticed comment deadline and that comment was sufficiently detailed to put the applicable ,federal agency on notice of the issue on which the party seeks review and shows that the party would suffer direct harm if the comment was not addressed2 and 7,b7 concerns the same subject matter raised in the comment submitted during the public comment period4