On the recordOctober 22, 2015
This amendment strikes title II of the bill, which addresses the judicial review of agency actions relating to exploration and mine permits. This title is designed to address one of the primary contributors to the long permitting timelines and delays we have been talking about this afternoon: relentless litigation brought by environmental organizations. Regulatory agencies routinely try to craft a lawsuit-proof NEPA document. However, that is impossible. They are going to get sued no matter what. So title II seeks to provide some certainty in the litigation process. Rather than prohibit or block litigation, it does several reasonable things: It expedites the judicial process by requiring timely filings no later than 60 days after a final agency action. It just keeps the ball rolling. That is entirely reasonable. It requires the court to proceed expeditiously on reaching a determination in the case. That also is entirely reasonable. Furthermore, title II provides the project proponent a guaranteed right to intervene. If a company has invested millions or even billions of dollars in a project, they deserve an opportunity to go to court on something that could adversely impact their investment. That, too, is entirely reasonable. Also, title II limits certain prospective attorneys' fees under the Equal Access to Justice Act.…





