[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4307 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4307
To amend the Clean Air Act, the Federal Water Pollution Control Act,
and the Endangered Species Act of 1973 to modify requirements for
citizen suits under those Acts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2024
Mr. Rubio (for himself and Mr. Cramer) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Clean Air Act, the Federal Water Pollution Control Act,
and the Endangered Species Act of 1973 to modify requirements for
citizen suits under those Acts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair and Timely Citizen Suits Act of
2024''.
SEC. 2. CITIZEN SUITS.
(a) Clean Air Act.--Section 304 of the Clean Air Act (42 U.S.C.
7604) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``60 days''
and inserting ``120 days''; and
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
(B) in paragraph (2)--
(i) by striking ``60 days'' and inserting
``120 days''; and
(ii) by striking the comma at the end and
inserting ``; and'';
(C) by inserting after paragraph (2) the following:
``(3) under paragraph (1) or (2) of subsection (a) after
the 120-day period beginning on the date on which the 120-day
period described in paragraph (1)(A) or (2), as applicable,
ends,''; and
(D) in the undesignated matter following paragraph
(3) (as added by subparagraph (C)), by adding at the
end the following: ``If the 120-day period under
paragraph (3) has elapsed with respect to a notice for
an action under paragraph (1) or (2) of subsection (a)
without commencing the action, the plaintiff may not
resubmit the notice required under this section or
commence the action.''; and
(2) in subsection (c), by adding at the end the following:
``(4) District court judgment.--A district court of the
United States shall render a final judgment on an action under
this section as expeditiously as practicable.
``(5) Appellate review.--A court of appeals of the United
States shall render final judgment on an action under this
section subject to its original jurisdiction or an
interlocutory order or final judgment, decree, or order of a
district court of the United States in an action under this
section--
``(A) as expeditiously as practicable; and
``(B) not later than the date that is 1 year after
the date on which the applicable interlocutory order or
final judgment, decree, or order of the district court
was issued.''.
(b) Federal Water Pollution Control Act.--Section 505 of the
Federal Water Pollution Control Act (33 U.S.C. 1365) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``sixty
days'' and inserting ``120 days''; and
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
(B) in paragraph (2)--
(i) by striking ``sixty days'' and
inserting ``120 days''; and
(ii) by striking the comma at the end and
inserting ``; and'';
(C) by inserting after paragraph (2) the following:
``(3) under paragraph (1) or (2) of subsection (a) after
the 120-day period beginning on the date on which the 120-day
period described in paragraph (1)(A) or (2), as applicable,
ends,''; and
(D) in the undesignated matter following paragraph
(3) (as added by subparagraph (C)), by adding at the
end the following: ``If the 120-day period under
paragraph (3) has elapsed with respect to a notice for
an action under paragraph (1) or (2) of subsection (a)
without commencing the action, the plaintiff may not
resubmit the notice required under this section or
commence the action.''; and
(2) in subsection (c), by adding at the end the following:
``(4) District court judgment.--A district court of the
United States shall render a final judgment on an action under
this section as expeditiously as practicable.
``(5) Appellate review.--A court of appeals of the United
States shall render final judgment on an action under this
section subject to its original jurisdiction or an
interlocutory order or final judgment, decree, or order of a
district court of the United States in an action under this
section--
``(A) as expeditiously as practicable; and
``(B) not later than the date that is 1 year after
the date on which the applicable interlocutory order or
final judgment, decree, or order of the district court
was issued.''.
(c) Endangered Species Act of 1973.--Section 11(g) of the
Endangered Species Act of 1973 (16 U.S.C. 1540(g)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``subparagraph (1)(A) of this
section'' and inserting ``paragraph (1)(A)'';
and
(ii) in clause (i), by striking ``sixty
days'' and inserting ``120 days'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``subparagraph (1)(B) of this
section'' and inserting ``paragraph (1)(B)'';
and
(ii) in clause (i), by striking ``sixty
days'' and inserting ``120 days'';
(C) in subparagraph (C), by striking ``subparagraph
(1)(C) of this section prior to sixty days'' and
inserting ``paragraph (1)(C) prior to 120 days''; and
(D) by adding at the end the following:
``(D) No action may be commenced under subparagraph (A),
(B), or (C) of paragraph (1) after the 120-day period beginning
on the date on which the 120-day period described subparagraph
(A)(i), (B)(i), or (C), as applicable, ends.
``(E) If the 120-day period under subparagraph (D) has
elapsed with respect to a notice for an action under
subparagraph (A), (B), or (C) of paragraph (1) without
commencing the action, the plaintiff may not resubmit the
notice required under this subsection or commence the
action.''; and
(2) by adding at the end the following:
``(6) District Court Judgment.--A district court of the United
States shall render a final judgment on an action under this subsection
as expeditiously as practicable.
``(7) Appellate Review.--A court of appeals of the United States
shall render final judgment on an action under this subsection subject
to its original jurisdiction or an interlocutory order or final
judgment, decree, or order of a district court of the United States in
an action under this subsection--
``(A) as expeditiously as practicable; and
``(B) not later than the date that is 1 year after the date
on which the applicable interlocutory order or final judgment,
decree, or order of the district court was issued.''.
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