HR7008-118

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

2. Permits for dredged or fill material 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 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. Nothing in subparagraph (A) may be construed to authorize an action seeking judicial review of the structure of, or authorization for, a State permit program approved pursuant to this section. 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— the court shall remand the matter to the Secretary or the State, as applicable, for further proceedings consistent with the court’s determination; and 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. 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, for the Secretary or the State, as applicable, to take such actions as the court may order. (t)Judicial review(1)Statute of limitations(A)In generalNotwithstanding any applicable provision of law relating to statutes of limitations, an action seeking judicial review of an individual 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.(B)Savings provisionNothing in subparagraph (A) may be construed to authorize an action seeking judicial review of the structure of, or authorization for, a State permit program approved pursuant to this section.(2)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—(A)the court shall remand the matter to the Secretary or the State, as applicable, for further proceedings consistent with the court’s determination; and(B)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.(3)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, for the Secretary or the State, as applicable, to take such actions as the court may order..