H.R. 3905: Judicial Review Timeline Clarity Act

The bill known as the Judicial Review Timeline Clarity Act aims to amend the Federal Water Pollution Control Act, specifically the section regarding the judicial review of permits for discharges of dredged or fill material. Here is a summary of its key components:

1. Short Title

This legislation may be referred to as the Judicial Review Timeline Clarity Act.

2. Changes to Judicial Review Process

The bill proposes amendments to Section 404 of the Federal Water Pollution Control Act, which governs the issuance of permits for discharges of dredged or fill material into U.S. waters. Its main provisions include:

Statute of Limitations

• Challenges to an individual permit or general permit must be filed within 60 days from the date the permit was issued.
• Challenges related to the confirmation that an activity involving dredged or fill material is authorized must also be filed within 60 days from the date of verification.

Limitations on Who Can File

To initiate any action for judicial review, the following conditions must be met:

• The party filing the action must have submitted a comment during the public comment period relating to the permit or verification.
• The comment must be detailed enough to inform the Secretary or relevant state authority about the issue at hand.
• The judicial review must relate directly to the comment submitted.

Remedies Available

If a court finds that the Secretary or state did not comply with the regulations when issuing a permit or verifying an activity, the bill outlines the following remedies:

• The court may remand the matter back to the Secretary or state for further action.
• For individual or general permits, a court cannot vacate or limit the permit unless it determines there is an imminent and substantial danger to human health or the environment without other remedies available.
• Similar conditions apply regarding verifications related to general permits, restricting court actions unless specific criteria concerning danger are met.

Timeline for Court Orders

If a matter is remanded by the court, the court is required to establish a reasonable timeline for the Secretary or state to take necessary actions, with a maximum deadline of 180 days, unless otherwise dictated by law.

Relevant Companies

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