Transportation and Infrastructure Committee, Water Resources and Environment Subcommittee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
Discouraging Frivolous Lawsuits Act This bill revises requirements concerning (1) citizen suits under the Clean Water Act, (2) permits for wetlands, and (3) wetland mitigation. Litigation costs (including reasonable attorney and expert witness fees) must be awarded to the prevailing party, thus the bill removes a court's discretion to award the fees. A prevailing party is defined as the party that prevails on more than half of the claims at issue. In addition, the bill repeals the authority of the Environmental Protection Agency (EPA) to deny or restrict the use of any area as a disposal site for dredged or fill material when the discharge of those materials would have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas. Finally, the bill revises mitigation requirements. Current law requires compensatory mitigation to replace the loss of aquatic resource functions in a watershed when a permit to discharge dredged or fill materials into navigable waters has unavoidable impacts on aquatic resources. This bill prohibits government entities from carrying out compensatory mitigation in excess of existing regulatory requirements.
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Timeline
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Water Resources and Environment.
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Water Resources and Environment.
Environmental Protection
Civil actions and liabilityLand use and conservationLegal fees and court costsLicensing and registrationsMarine and coastal resources, fisheriesSolid waste and recyclingWater qualityWater use and supply
Discouraging Frivolous Lawsuits Act
USA116th CongressHR-5341| House
| Updated: 12/9/2019
Discouraging Frivolous Lawsuits Act This bill revises requirements concerning (1) citizen suits under the Clean Water Act, (2) permits for wetlands, and (3) wetland mitigation. Litigation costs (including reasonable attorney and expert witness fees) must be awarded to the prevailing party, thus the bill removes a court's discretion to award the fees. A prevailing party is defined as the party that prevails on more than half of the claims at issue. In addition, the bill repeals the authority of the Environmental Protection Agency (EPA) to deny or restrict the use of any area as a disposal site for dredged or fill material when the discharge of those materials would have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas. Finally, the bill revises mitigation requirements. Current law requires compensatory mitigation to replace the loss of aquatic resource functions in a watershed when a permit to discharge dredged or fill materials into navigable waters has unavoidable impacts on aquatic resources. This bill prohibits government entities from carrying out compensatory mitigation in excess of existing regulatory requirements.
Transportation and Infrastructure Committee, Water Resources and Environment Subcommittee
Environmental Protection
Introduced
In Committee
On Floor
Passed Chamber
Enacted
Civil actions and liabilityLand use and conservationLegal fees and court costsLicensing and registrationsMarine and coastal resources, fisheriesSolid waste and recyclingWater qualityWater use and supply