This bill directs the Federal Energy Regulatory Commission (FERC) to be the sole lead agency for National Environmental Policy Act (NEPA) reviews when a developer seeks certain authorizations under the Natural Gas Act for siting or operating natural gas projects. It requires FERC to identify and invite Federal, State, local, and Tribal agencies to participate early, to coordinate information needs, and to set schedules for related Federal authorizations. The bill removes the requirement that an applicant provide a Clean Water Act section 401 certification for those Federal authorizations, while allowing States or interstate agencies to propose water-quality conditions for FERC to consider. Agencies must plan to carry out reviews concurrently, report progress, and meet deadlines; if they miss deadlines the agency head must notify Congress and FERC and provide an implementation plan.
The bill also creates a fast, consolidated judicial review process for major natural gas project authorizations. It defines a "core authorization" and says issuance of such an authorization is final agency action for judicial-review purposes. A single civil action in specified courts would be the exclusive way to challenge the covered project and all related Federal authorizations. Judicial review would be limited to a consolidated administrative record prepared by the agencies and published by FERC. The bill sets strict timing rules for filing and deciding cases, limits discovery and evidence, tightens standards for preliminary injunctions, limits the length and scope of injunctions, and says courts may not remand with vacatur.
If you are a project sponsor (an applicant or owner of a natural gas project): FERC will lead NEPA review and set schedules for related Federal approvals. You may be able to use remote-survey data and fund third-party contractors to help agency reviews. The bill may shorten the time agencies have to act and changes how courts review legal challenges.
If you are a State, local, or Tribal agency: FERC will identify you early as a potential participating agency. You can propose water-quality conditions for FERC to consider, but applicants would not need to provide CWA section 401 certifications for the Federal authorization. You must report progress and may have to meet FERC schedules or notify FERC if you cannot.
If you are a member of the public or an organization that might challenge a permit: Challenges to a covered project would generally be limited to a single civil action in specified appellate courts, must be filed within strict time limits, and would be decided based only on the consolidated administrative record. The bill restricts discovery, limits injunctions, and requires courts to use a specified method to evaluate likelihood of success for preliminary relief.
No publicly available information on projected costs, budgetary effects, or funding changes is included in the bill text provided.
The bill states it is intended to promote interagency coordination and speed review of authorizations under the Natural Gas Act. It directs a single lead NEPA agency (FERC), requires early coordination with participating agencies, sets schedules and reporting requirements, and creates a consolidated administrative record and an expedited, exclusive judicial review process for covered projects.
No publicly available information.