42 USC 4370m-6 - Litigation, judicial review, and savings provision

U.S Code last checked for updates: Nov 22, 2024

§ 4370m–6.

Litigation, judicial review, and savings provision

(a)

Limitations on claims

(1)

In general

Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of any authorization issued by a Federal agency for a covered project shall be barred unless—

(A)

the claim is filed not later than 2 years after the date of publication in the Federal Register of notice of final agency action on the authorization, unless a shorter time is specified in the Federal law under which judicial review is allowed; and

(B)

in the case of an action pertaining to an environmental review conducted under NEPA—

(i)

the claim is filed by a party that submitted a comment during the environmental review; and

(ii)

any commenter filed a sufficiently detailed comment so as to put the lead agency on notice of the issue on which the party seeks judicial review, or the lead agency did not provide a reasonable opportunity for such a comment on that issue.

(2)

New information

(A)

In general

(B)

Separate action

(3)

Rule of construction

(b)

Preliminary injunctive relief

In addition to considering any other applicable equitable factors, in any action seeking a temporary restraining order or preliminary injunction against an agency or a project sponsor in connection with review or authorization of a covered project, the court shall—

(1)

consider the potential effects on public health, safety, and the environment, and the potential for significant negative effects on jobs resulting from an order or injunction; and

(2)

not presume that the harms described in paragraph (1) are reparable.

(c)

Judicial review

(d)

Savings clause

Nothing in this subchapter—

(1)

supersedes, amends, or modifies any Federal statute or affects the responsibility of any Federal officer to comply with or enforce any statute; or

(2)

creates a presumption that a covered project will be approved or favorably reviewed by any agency.

(e)

Limitations

Nothing in this subchapter preempts, limits, or interferes with—

(1)

any practice of seeking, considering, or responding to public comment; or

(2)

any power, jurisdiction, responsibility, or authority that a Federal, State, or local governmental agency, metropolitan planning organization, Indian tribe, or project sponsor has with respect to carrying out a project or any other provisions of law applicable to any project, plan, or program.

(Pub. L. 114–94, div. D, title XLI, § 41007, Dec. 4, 2015, 129 Stat. 1758; Pub. L. 117–58, div. G, title VIII, § 70801(e), Nov. 15, 2021, 135 Stat. 1293.)

cite as: 42 USC 4370m-6