II 

118TH CONGRESS 

2D SESSION S. 4307 

To amend the Clean Air Act, the Federal Water Pollution Control Act, 

and the Endangered Species Act of 1973 to modify requirements for 

citizen suits under those Acts, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2024 

Mr. RUBIO (for himself and Mr. CRAMER) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To amend the Clean Air Act, the Federal Water Pollution 

Control Act, and the Endangered Species Act of 1973 

to modify requirements for citizen suits under those Acts, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair and Timely Cit5 izen Suits Act of 2024’’. 

6 SEC. 2. CITIZEN SUITS. 

7 (a) CLEAN AIR ACT.—Section 304 of the Clean Air 

8 Act (42 U.S.C. 7604) is amended— 


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•S 4307 IS

1 (1) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) in subparagraph (A), in the matter 

4 preceding clause (i), by striking ‘‘60 days’’ 

5 and inserting ‘‘120 days’’; and 

6 (ii) in subparagraph (B), by striking 

7 the period at the end and inserting a semi8 colon; 

9 (B) in paragraph (2)— 

10 (i) by striking ‘‘60 days’’ and insert11 ing ‘‘120 days’’; and 

12 (ii) by striking the comma at the end 

13 and inserting ‘‘; and’’; 

14 (C) by inserting after paragraph (2) the 

15 following: 

16 ‘‘(3) under paragraph (1) or (2) of subsection 

17 (a) after the 120-day period beginning on the date 

18 on which the 120-day period described in paragraph 

19 (1)(A) or (2), as applicable, ends,’’; and 

20 (D) in the undesignated matter following 

21 paragraph (3) (as added by subparagraph (C)), 

22 by adding at the end the following: ‘‘If the 120- 

23 day period under paragraph (3) has elapsed 

24 with respect to a notice for an action under 

25 paragraph (1) or (2) of subsection (a) without 


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1 commencing the action, the plaintiff may not 

2 resubmit the notice required under this section 

3 or commence the action.’’; and 

4 (2) in subsection (c), by adding at the end the 

5 following: 

6 ‘‘(4) DISTRICT COURT JUDGMENT.—A district 

7 court of the United States shall render a final judg8 ment on an action under this section as expedi9 tiously as practicable. 

10 ‘‘(5) APPELLATE REVIEW.—A court of appeals 

11 of the United States shall render final judgment on 

12 an action under this section subject to its original 

13 jurisdiction or an interlocutory order or final judg14 ment, decree, or order of a district court of the 

15 United States in an action under this section— 

16 ‘‘(A) as expeditiously as practicable; and 

17 ‘‘(B) not later than the date that is 1 year 

18 after the date on which the applicable interlocu19 tory order or final judgment, decree, or order of 

20 the district court was issued.’’. 

21 (b) FEDERAL WATER POLLUTION CONTROL ACT.— 

22 Section 505 of the Federal Water Pollution Control Act 

23 (33 U.S.C. 1365) is amended— 

24 (1) in subsection (b)— 

25 (A) in paragraph (1)— 


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4 

•S 4307 IS

1 (i) in subparagraph (A), in the matter 

2 preceding clause (i), by striking ‘‘sixty 

3 days’’ and inserting ‘‘120 days’’; and 

4 (ii) in subparagraph (B), by striking 

5 the period at the end and inserting a semi6 colon; 

7 (B) in paragraph (2)— 

8 (i) by striking ‘‘sixty days’’ and in9 serting ‘‘120 days’’; and 

10 (ii) by striking the comma at the end 

11 and inserting ‘‘; and’’; 

12 (C) by inserting after paragraph (2) the 

13 following: 

14 ‘‘(3) under paragraph (1) or (2) of subsection 

15 (a) after the 120-day period beginning on the date 

16 on which the 120-day period described in paragraph 

17 (1)(A) or (2), as applicable, ends,’’; and 

18 (D) in the undesignated matter following 

19 paragraph (3) (as added by subparagraph (C)), 

20 by adding at the end the following: ‘‘If the 120- 

21 day period under paragraph (3) has elapsed 

22 with respect to a notice for an action under 

23 paragraph (1) or (2) of subsection (a) without 

24 commencing the action, the plaintiff may not 


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1 resubmit the notice required under this section 

2 or commence the action.’’; and 

3 (2) in subsection (c), by adding at the end the 

4 following: 

5 ‘‘(4) DISTRICT COURT JUDGMENT.—A district 

6 court of the United States shall render a final judg7 ment on an action under this section as expedi8 tiously as practicable. 

9 ‘‘(5) APPELLATE REVIEW.—A court of appeals 

10 of the United States shall render final judgment on 

11 an action under this section subject to its original 

12 jurisdiction or an interlocutory order or final judg13 ment, decree, or order of a district court of the 

14 United States in an action under this section— 

15 ‘‘(A) as expeditiously as practicable; and 

16 ‘‘(B) not later than the date that is 1 year 

17 after the date on which the applicable interlocu18 tory order or final judgment, decree, or order of 

19 the district court was issued.’’. 

20 (c) ENDANGERED SPECIES ACT OF 1973.—Section 

21 11(g) of the Endangered Species Act of 1973 (16 U.S.C. 

22 1540(g)) is amended— 

23 (1) in paragraph (2)— 

24 (A) in subparagraph (A)— 


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1 (i) in the matter preceding clause (i), 

2 by striking ‘‘subparagraph (1)(A) of this 

3 section’’ and inserting ‘‘paragraph (1)(A)’’; 

4 and 

5 (ii) in clause (i), by striking ‘‘sixty 

6 days’’ and inserting ‘‘120 days’’; 

7 (B) in subparagraph (B)— 

8 (i) in the matter preceding clause (i), 

9 by striking ‘‘subparagraph (1)(B) of this 

10 section’’ and inserting ‘‘paragraph (1)(B)’’; 

11 and 

12 (ii) in clause (i), by striking ‘‘sixty 

13 days’’ and inserting ‘‘120 days’’; 

14 (C) in subparagraph (C), by striking ‘‘sub15 paragraph (1)(C) of this section prior to sixty 

16 days’’ and inserting ‘‘paragraph (1)(C) prior to 

17 120 days’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(D) No action may be commenced under sub20 paragraph (A), (B), or (C) of paragraph (1) after 

21 the 120-day period beginning on the date on which 

22 the 120-day period described subparagraph (A)(i), 

23 (B)(i), or (C), as applicable, ends. 

24 ‘‘(E) If the 120-day period under subparagraph 

25 (D) has elapsed with respect to a notice for an acVerDate Sep 11 2014 19:15 Jun 11, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4307.IS S4307

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1 tion under subparagraph (A), (B), or (C) of para2 graph (1) without commencing the action, the plain3 tiff may not resubmit the notice required under this 

4 subsection or commence the action.’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(6) DISTRICT COURT JUDGMENT.—A district court 

7 of the United States shall render a final judgment on an 

8 action under this subsection as expeditiously as prac9 ticable. 

10 ‘‘(7) APPELLATE REVIEW.—A court of appeals of the 

11 United States shall render final judgment on an action 

12 under this subsection subject to its original jurisdiction 

13 or an interlocutory order or final judgment, decree, or 

14 order of a district court of the United States in an action 

15 under this subsection— 

16 ‘‘(A) as expeditiously as practicable; and 

17 ‘‘(B) not later than the date that is 1 year after 

18 the date on which the applicable interlocutory order 

19 or final judgment, decree, or order of the district 

20 court was issued.’’. 

Æ 


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