H.R. 8249: Making Reviews Certain Act

This bill, titled the Making Reviews Certain Act, proposes amendments to the National Environmental Policy Act of 1969 (NEPA) to clarify and limit certain aspects of environmental reviews, particularly concerning energy infrastructure projects. Below is a summary of the key provisions of the bill:

Scope of Review

The bill amends Section 106 of NEPA to specify that when a federal agency prepares an environmental document for a proposed action, it must only consider effects that are directly caused by that immediate project. This means that the agency is not required to look at broader environmental impacts that are not closely related to the particular action being evaluated.

Limitations on Judicial Review of Environmental Documents

The bill introduces limitations on the judicial review process for claims related to energy infrastructure projects. It designates a new section within NEPA to outline these limitations.

• Claim Filing Deadline: A claim challenging a final agency action related to energy infrastructure must be filed within 180 days after the action is made public. If there was a public comment period, the claimant must have submitted specific and detailed comments during that period to qualify for judicial review.
• Standing Requirements: Only parties who can show they will suffer direct harm from the agency's action can file a claim. Additionally, claims that challenge the establishment of a categorical exclusion are not allowed.
• Judicial Action Limitations: Courts cannot invalidate a final agency action unless it poses a significant risk of substantial environmental harm and if no other legal remedy is available.

Deference to Agencies in Judicial Review

The bill emphasizes that courts will defer to the judgments made by federal agencies regarding the environmental effects of their actions, particularly when determining what impacts are "reasonably foreseeable." This redefinition focuses on effects that are closely linked to the specific project being considered, rather than a broader array of potential environmental impacts.

Summary of Implications

Overall, the Making Reviews Certain Act aims to shorten deadlines for legal challenges to decisions made on energy infrastructure projects, restrict who can challenge such decisions, and streamline the review process. The anticipation is that this could expedite the approval process for energy infrastructure projects while clarifying the types of environmental impacts that need to be evaluated.

Relevant Companies

• XOM - Exxon Mobil Corporation: As a major player in the energy sector, changes to the environmental review process could facilitate quicker approvals for oil and gas projects.
• CVX - Chevron Corporation: Similar to Exxon, Chevron may benefit from reduced delays in project approvals related to energy infrastructure due to the new limitations on judicial reviews.
• NEE - NextEra Energy, Inc.: Changes in the NEPA review process may also expedite renewable energy projects, where NextEra is heavily invested.