H.R.3905 - Judicial Review Timeline Clarity Act (119th Congress)
Summary
H.R.3905, the Judicial Review Timeline Clarity Act, amends the Federal Water Pollution Control Act. It focuses on judicial review of permits for discharging dredged or fill material. The bill introduces a 60-day statute of limitations for actions seeking judicial review of permits or verifications.
Expected Effects
The bill will likely expedite the resolution of legal challenges to permits issued under the Federal Water Pollution Control Act. It also limits who can bring such actions and the remedies a court can impose. This could lead to quicker project approvals but potentially less scrutiny of environmental impacts.
Potential Benefits
- Provides clarity and certainty regarding the timeline for judicial review, potentially reducing delays in infrastructure projects.
- Limits judicial remedies to remand unless there is an imminent and substantial danger to human health or the environment, preventing project shutdowns.
- Requires commenters to raise specific issues during the public comment period, ensuring agencies are aware of concerns.
- Sets a 180-day timeline for agencies to act on court orders, promoting timely resolution of disputes.
- Could reduce frivolous lawsuits by requiring commenters to have participated in the public comment period.
Potential Disadvantages
- Restricting the timeline for judicial review could limit the ability of affected parties to challenge permits, potentially harming environmental protection.
- Limiting remedies available to courts could result in environmentally damaging projects proceeding despite legal challenges.
- The requirement for specific comments during the public comment period may exclude individuals or groups who lack the resources to participate effectively.
- The bill could disproportionately affect marginalized communities that are often located near polluting facilities.
- Could reduce public trust in the permitting process if judicial review is perceived as being unduly restricted.
Constitutional Alignment
The bill's alignment with the Constitution is complex. While Congress has the power to regulate interstate commerce under Article I, Section 8, this power is limited by other constitutional provisions. The bill's restrictions on judicial review could be challenged under the Due Process Clause of the Fifth Amendment if they unduly limit access to the courts. The bill does not appear to infringe on any specific enumerated rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).