[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5290 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5290
To address the effect of litigation on applications to export liquefied
natural gas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Cruz (for himself and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To address the effect of litigation on applications to export liquefied
natural gas, 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 ``Protect LNG Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered application.--The term ``covered application''
means an application for--
(A) an authorization to export natural gas under
section 3(a) of the Natural Gas Act (15 U.S.C.
717b(a)); or
(B) an authorization to site, construct, expand, or
operate a covered facility under section 3(e) of the
Natural Gas Act (15 U.S.C. 717b(e)).
(2) Covered facility.--The term ``covered facility'' means
a liquefied natural gas facility for which a proposal to site,
construct, expand, or operate is required to be approved by--
(A) the Secretary; and
(B)(i) the Federal Energy Regulatory Commission; or
(ii) the Maritime Administration.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. EFFECT OF LITIGATION ON APPLICATIONS TO EXPORT LIQUEFIED
NATURAL GAS.
(a) Effect of Litigation.--A civil action relating to an
environmental review under the Natural Gas Act (15 U.S.C. 717 et seq.)
or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to a covered facility shall not affect the validity
of a permit, license, or approval issued to the covered facility that
is the subject of the civil action.
(b) Remand; Processing of Covered Applications.--If, in a civil
action described in subsection (a), the environmental review for a
permit, license, or approval issued to the covered facility that is the
subject of the civil action is found by the applicable court to violate
the Natural Gas Act (15 U.S.C. 717 et seq.) or the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)--
(1) notwithstanding chapter 5 or 7 of title 5, United
States Code (commonly referred to as the ``Administrative
Procedure Act''), the applicable court shall not set aside or
vacate the permit, license, or approval issued to the covered
facility but instead remand the matter to the relevant Federal
agency to resolve the violation; and
(2) the relevant Federal agency shall continue to process
all covered applications.
SEC. 4. ACTION ON COVERED APPLICATIONS.
(a) Judicial Review.--Except for review in the Supreme Court of the
United States, the court of appeals of the United States for the
circuit in which a covered facility is, or will be, located pursuant to
a covered application shall have original and exclusive jurisdiction
over any civil action for the review of an order issued by a Federal
agency with respect to the covered application.
(b) Expedited Review.--The applicable United States Court of
Appeals under subsection (a) shall--
(1) set any civil action brought under this subsection for
expedited review; and
(2) set the action on the docket as soon as practicable
after the filing date of the initial pleading.
(c) Transfer of Existing Actions.--In the case of a covered
application for which a petition for review has been filed as of the
date of enactment of this Act, the petition shall be--
(1) on a motion by the applicant, transferred to the court
of appeals of the United States in which the covered facility
that is the subject of the covered application is, or will be,
located; and
(2) adjudicated in accordance with this section.
(d) Limitation on Claims.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review of a
permit, license, or approval issued by a Federal agency for a covered
facility pursuant to a covered application shall be barred unless the
claim is filed not later than 90 days after publication of a notice in
the Federal Register announcing that the permit, license, or approval
is final pursuant to the law under which the agency action is taken,
unless a shorter time is specified in the Federal law pursuant to which
judicial review is allowed.
(e) Savings Clause.--Nothing in this section establishes a right to
judicial review or places any limit on filing a claim that a person has
violated the terms of a permit, license, or approval.
<all>