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Discouraging Frivolous Lawsuits Act

USA116th CongressHR-5341| House 
| Updated: 12/9/2019
Tom Rice

Tom Rice

Republican Representative

South Carolina

Cosponsors (30)
Chris Stewart (Republican)Bob Gibbs (Republican)Adrian Smith (Republican)Mo Brooks (Republican)Trent Kelly (Republican)Mark Meadows (Republican)Steven M. Palazzo (Republican)Pete Olson (Republican)Don Young (Republican)Alexander X. Mooney (Republican)Jim Banks (Republican)Andy Harris (Republican)Glenn Thompson (Republican)Jackie Walorski (Republican)David Rouzer (Republican)Jeff Duncan (Republican)Ken Calvert (Republican)Scott Perry (Republican)Greg Gianforte (Republican)Kenny Marchant (Republican)Bill Flores (Republican)Steve King (Republican)Trey Hollingsworth (Republican)Austin Scott (Republican)Mark E. Amodei (Republican)Ted S. Yoho (Republican)Vicky Hartzler (Republican)Randy K. Sr. Weber (Republican)Ralph Norman (Republican)Ted Budd (Republican)

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
Dec 6, 2019
Introduced in House
Dec 6, 2019
Referred to the House Committee on Transportation and Infrastructure.
Dec 9, 2019
Referred to the Subcommittee on Water Resources and Environment.
  • December 6, 2019
    Introduced in House


  • December 6, 2019
    Referred to the House Committee on Transportation and Infrastructure.


  • December 9, 2019
    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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Dec 6, 2019
Introduced in House
Dec 6, 2019
Referred to the House Committee on Transportation and Infrastructure.
Dec 9, 2019
Referred to the Subcommittee on Water Resources and Environment.
  • December 6, 2019
    Introduced in House


  • December 6, 2019
    Referred to the House Committee on Transportation and Infrastructure.


  • December 9, 2019
    Referred to the Subcommittee on Water Resources and Environment.
Tom Rice

Tom Rice

Republican Representative

South Carolina

Cosponsors (30)
Chris Stewart (Republican)Bob Gibbs (Republican)Adrian Smith (Republican)Mo Brooks (Republican)Trent Kelly (Republican)Mark Meadows (Republican)Steven M. Palazzo (Republican)Pete Olson (Republican)Don Young (Republican)Alexander X. Mooney (Republican)Jim Banks (Republican)Andy Harris (Republican)Glenn Thompson (Republican)Jackie Walorski (Republican)David Rouzer (Republican)Jeff Duncan (Republican)Ken Calvert (Republican)Scott Perry (Republican)Greg Gianforte (Republican)Kenny Marchant (Republican)Bill Flores (Republican)Steve King (Republican)Trey Hollingsworth (Republican)Austin Scott (Republican)Mark E. Amodei (Republican)Ted S. Yoho (Republican)Vicky Hartzler (Republican)Randy K. Sr. Weber (Republican)Ralph Norman (Republican)Ted Budd (Republican)

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