CLEAR Act of 2025

This legislation aims to significantly curtail repeat litigation against energy projects by establishing a "single action rule." Under this rule, once a legal action concerning any aspect of an energy project is finally adjudicated, no subsequent legal action can be brought against the same project, regardless of the parties or the specific authorization challenged. This applies to a broad range of energy projects , including those for electric energy, fossil fuels, and critical minerals, considering all associated authorizations as a common nucleus of operative fact. The bill imposes stricter standards for judicial review , requiring courts to defer to federal agencies' factual determinations and allowing a finding of non-compliance only if the agency abused its substantial discretion. If an authorization is remanded, the court must provide specific instructions and a strict 180-day deadline for correction, with the authorization remaining in effect. Legal actions must be filed within 150 days of the final agency action and generally require the party to have submitted a sufficiently detailed public comment on the issue. The preclusive effect of these provisions benefits only the federal agency or the project sponsor. However, the bill does not preclude judicial review of legal actions alleging operational violations after project completion or enforcement actions brought by the United States or a State.