This bill, titled the "Judicial Review Timeline Clarity Act" , amends Section 404 of the Federal Water Pollution Control Act to significantly alter the process for judicial review of permits related to the discharge of dredged or fill material. It establishes a strict 60-day statute of limitations for filing an action seeking judicial review of an individual permit, general permit, or a verification that an activity is authorized by a general permit, starting from the date of issuance. The legislation also imposes new requirements for parties seeking judicial review, mandating that they must have submitted a sufficiently detailed comment during the public comment period for the administrative proceedings, specifically addressing the issue upon which they seek review. This aims to ensure that concerns are raised and addressed at the administrative level before litigation. Crucially, the bill limits the remedies available to courts: if non-compliance is found, the court must remand the matter for further proceedings. Courts are generally prohibited from vacating, revoking, enjoining, or otherwise limiting a permit or verification unless the authorized activities would present an imminent and substantial danger to human health or the environment for which no other equitable remedy exists. Additionally, courts are required to set and enforce a reasonable schedule, typically not exceeding 180 days, for the agency to act on a remand order.
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Water Resources and Environment.
Environmental Protection
Judicial Review Timeline Clarity Act
USA119th CongressHR-3905| House
| Updated: 6/13/2025
This bill, titled the "Judicial Review Timeline Clarity Act" , amends Section 404 of the Federal Water Pollution Control Act to significantly alter the process for judicial review of permits related to the discharge of dredged or fill material. It establishes a strict 60-day statute of limitations for filing an action seeking judicial review of an individual permit, general permit, or a verification that an activity is authorized by a general permit, starting from the date of issuance. The legislation also imposes new requirements for parties seeking judicial review, mandating that they must have submitted a sufficiently detailed comment during the public comment period for the administrative proceedings, specifically addressing the issue upon which they seek review. This aims to ensure that concerns are raised and addressed at the administrative level before litigation. Crucially, the bill limits the remedies available to courts: if non-compliance is found, the court must remand the matter for further proceedings. Courts are generally prohibited from vacating, revoking, enjoining, or otherwise limiting a permit or verification unless the authorized activities would present an imminent and substantial danger to human health or the environment for which no other equitable remedy exists. Additionally, courts are required to set and enforce a reasonable schedule, typically not exceeding 180 days, for the agency to act on a remand order.