S.1355 - Revising and Enhancing Project Authorizations Impacted by Review Act of 2025; REPAIR Act of 2025 (119th Congress)
Summary
S.1355, the REPAIR Act of 2025, aims to revise judicial review requirements for certain projects authorized under federal law. It seeks to expedite project development by setting stricter timelines for legal challenges and limiting the remedies available to courts. The bill also establishes a mediation process overseen by the Federal Permitting Improvement Steering Council (Council) to address injunctions, remands, or vacaturs of project authorizations.
Expected Effects
The REPAIR Act is likely to speed up project approvals and reduce delays caused by litigation. This could lead to faster infrastructure development and energy projects. However, it may also limit the ability of citizens and environmental groups to challenge projects that could have negative impacts.
Potential Benefits
- Faster Project Completion: Streamlined judicial review and mediation processes could accelerate infrastructure and energy projects.
- Reduced Litigation Costs: Shorter timelines and limited remedies may reduce legal expenses for project sponsors and agencies.
- Increased Investment: Greater certainty in project approvals could encourage investment in infrastructure and energy sectors.
- Economic Growth: Faster project completion could stimulate economic activity and create jobs.
- Predictability: Clearer judicial review rules provide more predictability for project developers.
Potential Disadvantages
- Reduced Public Input: Stricter timelines for legal challenges could limit opportunities for public participation and scrutiny.
- Environmental Harm: Expedited project approvals could lead to inadequate environmental review and potential harm to ecosystems.
- Limited Judicial Oversight: Restrictions on remedies available to courts could weaken judicial oversight of agency decisions.
- Disadvantaged Communities: Reduced public input and environmental review could disproportionately affect vulnerable communities.
- Erosion of Legal Rights: The bill could weaken the ability of citizens to challenge projects that violate environmental laws.
Constitutional Alignment
The bill's attempt to limit judicial review could raise concerns about the separation of powers and the role of the judiciary in protecting constitutional rights. Article III of the Constitution vests the judicial power of the United States in the Supreme Court and inferior courts established by Congress. While Congress has the power to regulate the jurisdiction of federal courts, it cannot unduly restrict their ability to hear cases and provide remedies for constitutional violations.
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).