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[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>
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