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. The bill sets a deadline of six months for the Board to issue a final decision after receiving a written notice seeking expedited review, but no earlier than 18 months after the initial appeal filing. If the Board misses the deadline, the Department of the Interior's decision is deemed a final agency action, subject to de novo judicial review.
Expected Effects
The primary effect of this bill would be to speed up the resolution of appeals related to Department of Interior decisions, particularly those concerning land use and resource management. This could lead to quicker decisions on projects and activities impacting federal lands. The bill also provides a clear pathway for judicial review if the Board fails to meet the established deadlines, potentially shifting decision-making authority to the courts.
Potential Benefits
- Faster Resolution of Disputes: Expedites decisions on appeals related to land use and resource management.
- Increased Accountability: Holds the Board of Land Appeals accountable for timely decisions.
- Clearer Legal Pathways: Provides a clear process for judicial review if deadlines are missed.
- Reduced Uncertainty: Offers more certainty for parties involved in appeals processes.
- Potentially Lower Costs: Could reduce costs associated with lengthy appeals processes.
Most Benefited Areas:
Potential Disadvantages
- Potential for Hasty Decisions: The expedited timeline could lead to less thorough reviews.
- Increased Litigation: The de novo judicial review provision might encourage more lawsuits.
- Resource Strain: The Board of Land Appeals may face challenges in meeting the deadlines.
- Unintended Consequences: May create unforeseen issues in the appeals process.
- Limited Scope: Only applies to specific types of Department of the Interior decisions.
Constitutional Alignment
The bill appears to align with the Constitution by ensuring due process through judicial review, as guaranteed by the Fifth and Fourteenth Amendments. By setting deadlines for administrative decisions and providing recourse to the courts, the bill reinforces the principle of accountability within the executive branch. Article III, Section 2, which extends the judicial power to all cases arising under the Constitution and laws of the United States, is also relevant, as the bill facilitates judicial review of agency actions.
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).