HR 3905119th CongressIntroduced

Judicial Review Timeline Clarity Act

Introduced: Jun 11, 2025

Environment & Climate

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Judicial Review Timeline Clarity Act would add a new “Judicial Review” provision to the Clean Water Act’s §404 program (permits for discharges of dredged or fill material). The core idea is to create a firm, time-limited path for challenges to individual and general permits (and their verifications) and to tie those challenges to specific public comments made during the permitting process. Key features include a 60-day deadline to file suit after permit issuance or verification, a requirement that plaintiffs have submitted a sufficiently detailed public comment during the administrative process, and strict remedies if the agency is found not to have complied. The bill also imposes a 180-day deadline for the agency to act after a court remands a matter. Overall, it aims to bring greater predictability and speed to judicial review, while limiting certain emergency or broad-immediate-relief actions.

Key Points

160-day filing window for judicial review: An action challenging an individual permit, a general permit under §404, or a verification that an activity is authorized by a general permit must be filed no later than 60 days after the permit issuance or the verification date.
2Public comment linkage: A suit may only be commenced by a party who submitted a comment during the public comment period that was sufficiently detailed to put the Secretary or State on notice of the issue, and the suit must relate to that comment.
3Remand and limited remedy: If a court finds noncompliance, the matter must be remanded to the Secretary or State for further proceedings. For permits, the court may not vacate, revoke, enjoin, or otherwise limit the permit unless there is an imminent and substantial danger to health or the environment with no other adequate remedy. For general-permit verifications, the court may not enjoin or limit the discharge unless there is such an imminent danger.
4Court-ordered timeline after remand: When remanding, the court must set a reasonable schedule, not to exceed 180 days, for the agency to take the ordered actions.
5Savings provision and renumbering: The bill re-designates subsections and includes a savings provision to clarify that existing rights and obligations remain subject to the new timeline framework.

Impact Areas

Primary group/area affected:- Environmental and community groups, and members of the public who participate in permitting processes, as their ability to challenge permits would be constrained to a 60-day window and tied to specific comments.- Regulated entities (developers, infrastructure projects, industries discharging dredged/fill material) seeking faster resolution or clarity on permit challenges.Secondary group/area affected:- Federal and state agencies administering the §404 program (Secretary or State equivalents), which must manage remands and timely actions within 180 days post-remand.Additional impacts:- Judicial and regulatory certainty: A tighter, more predictable timeline for challenges could reduce litigation delays but may limit late-stage objections.- Public participation dynamics: The requirement that suit be tied to a prior detailed public comment may narrow who can sue and what issues qualify, potentially affecting citizen access to court challenges.- Environmental protection considerations: Courts are restricted from vacating or enjoining permits absent imminent danger, which could affect protections in cases where environmental concerns are significant but not immediately catastrophic.- Administrative burden: Agencies must adhere to fixed deadlines and remand schedules, increasing project planning considerations and potential need for expedited secondary reviews.

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