H.R.677 - Expedited Appeals Review Act; EARA (119th Congress)
Summary
H.R. 677, the Expedited Appeals Review Act (EARA), aims to expedite the review process for certain appeals to the Department of the Interior's Board of Land Appeals. It mandates the Board to issue final decisions within six months of receiving a written notice for expedited review, with a minimum of 18 months from the initial appeal filing. If the Board fails to meet this deadline, the Department's decision is deemed a final agency action subject to judicial review.
Expected Effects
The EARA will likely speed up decisions related to land use and resource management under the Department of the Interior. This could lead to quicker resolution of disputes and potentially accelerate projects or conservation efforts. The bill also provides a clear legal pathway for parties seeking judicial review if the Board fails to meet the established deadlines.
Potential Benefits
- Faster Resolution of Disputes: Expedited review process reduces uncertainty and delays.
- Increased Accountability: The bill holds the Board of Land Appeals accountable for timely decisions.
- Clarity for Project Planning: Businesses and individuals gain quicker clarity on project approvals or denials.
- Access to Judicial Review: Ensures access to the courts if the Board fails to act in a timely manner.
- Efficiency in Resource Management: Streamlines the appeals process related to resource management decisions.
Potential Disadvantages
- Potential for Hasty Decisions: Expedited timelines might lead to less thorough reviews.
- Increased Workload for the Board: The Board of Land Appeals may face increased pressure to meet deadlines.
- Possible Litigation: The de novo judicial review provision could lead to more litigation.
- Unintended Consequences: Rushed decisions could have unforeseen environmental or economic impacts.
- Focus on Speed over Substance: The emphasis on speed might overshadow the quality of the review process.
Constitutional Alignment
The EARA appears to align with the Constitution by ensuring due process through judicial review, as implied by the Fifth Amendment. By setting time limits for administrative decisions and providing recourse to the courts, the bill reinforces the principle of accountability in government. Article III, which establishes the judicial branch, supports the provision for de novo judicial review when deadlines are missed, ensuring that individuals have access to the courts to resolve disputes with the government.
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).