HR3905-119

1. Short title This Act may be cited as the Judicial Review Timeline Clarity Act.

2. Judicial review timeline clarity Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended— by redesignating subsection (t) as subsection (u); in subsection (u), as so redesignated, by striking Nothing in the section and inserting Savings provision.—Nothing in this section; and by inserting after subsection (s) the following: Notwithstanding any applicable provision of law relating to statutes of limitations— an action seeking judicial review of an individual permit or general permit issued under this section shall be filed not later than the date that is 60 days after the date on which the permit was issued; and an action seeking judicial review 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 60 days after the date on which such verification was issued. Notwithstanding any other provision of law, no action described in paragraph (1) may be commenced unless the action— is filed by a party that submitted a comment— during the public comment period for the administrative proceedings related to the applicable action described in such paragraph; and which was sufficiently detailed to put the Secretary or the State, as applicable, on notice of the issue upon which the party seeks judicial review; and is related to such comment. If a court determines that the Secretary or the 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, as applicable— the court shall remand the matter to the Secretary or the State, as applicable, for further proceedings consistent with the determination of the court; 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 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. If a court remands a matter under paragraph (2), 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 such matter, except as otherwise required by law, for the Secretary or the State, as applicable, to take such actions as the court may order. (t)Judicial review (1)Statute of limitationsNotwithstanding any applicable provision of law relating to statutes of limitations— (A)an action seeking judicial review of an individual permit or general permit issued under this section shall be filed not later than the date that is 60 days after the date on which the permit was issued; and (B)an action seeking judicial review 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 60 days after the date on which such verification was issued. (2)Limitation on commencement of certain actionsNotwithstanding any other provision of law, no action described in paragraph (1) may be commenced unless the action— (A)is filed by a party that submitted a comment— (i)during the public comment period for the administrative proceedings related to the applicable action described in such paragraph; and (ii)which was sufficiently detailed to put the Secretary or the State, as applicable, on notice of the issue upon which the party seeks judicial review; and (B)is related to such comment. (3)RemedyIf a court determines that the Secretary or the 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, 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 orderIf a court remands a matter under paragraph (2), 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 such matter, except as otherwise required by law, for the Secretary or the State, as applicable, to take such actions as the court may order..