WASHINGTON – U.S. Senators Jim Risch (R-Idaho), Mike Crapo (R-Idaho), and Bill Cassidy, M.D. (R-La.), introduced the Revising and Enhancing Project Authorizations Impacted by Review (REPAIR) Act, which will streamline the permitting process for U.S. energy, manufacturing, and critical infrastructure projects.
“Radical activist litigation has stalled far too many critical domestic energy, natural resource, and manufacturing projects and made us reliant on other countries, like China. The REPAIR Act will prevent these serial litigants from using unfair tactics and loop holes to bog down our judicial system and tie up our natural resources,” said Risch.
“Progress in American manufacturing and energy production means limiting the time and resources wasted on battling frivolous lawsuits during the permitting and review process for new projects. The REPAIR Act removes impediments to new development and fosters a more secure supply chain as America strives for stronger energy and technology independence,” said Crapo.
“It’s impossible to permit energy and manufacturing in the U.S. Well-funded radical groups are hijacking the justice system to send critical infrastructure projects they don’t like into legal purgatory,” said Cassidy. “Commonsense judicial reform removes unnecessary roadblocks while preserving the right to challenge projects. Doing so provides certainty and shortens permitting timelines.”
The REPAIR Act makes many vital changes to the judicial review process of an approved permit. The judicial process created by the REPAIR Act ensures all laws related to permitting have the same review process, scope of adjudication, rules for standing, and statute of limitations. The bill removes the ability to file a suit based on the National Environmental Policy Act (NEPA), instead focusing lawsuits on the statute for which the permit was issued. In the case of a judicial remand or other court action, the REPAIR Act establishes a mediation process that allows the project developer and the permit-issuing agency to directly address the challenge in order to allow the project to move forward. Additionally, the bill increases transparency in ongoing court challenges to permits in an effort to highlight the unnecessary delays caused by the judicial process.
Risch, Crapo, and Cassidy are joined by Senators Steve Daines (R-Mont.), Cynthia Lummis (R-Wyo.), and Roger Marshall (R-Kansas) in introducing the judicial reform legislation.
The legislation is supported by the U.S. Chamber of Commerce, American Petroleum Institute, and ClearPath.
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