I 
117TH CONGRESS 
1ST SESSION H. R. 3813 
To amend the National Environmental Policy Act of 1969 to provide for 
legal reform, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2021 
Ms. CHENEY introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committee on the 
Judiciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend the National Environmental Policy Act of 1969 
to provide for legal reform, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘NEPA Legal Reform 
Act’’. 
SEC. 2. LEGAL REFORMS UNDER NEPA. 
(a) IN GENERAL.—Title I of the National Environ-
mental Policy Act of 1969 is amended— 
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(1) by redesignating section 105 (42 U.S.C. 
4335) as section 106; and 
(2) by inserting after section 104 (42 U.S.C. 
4334) the following: 
‘‘SEC. 105. LEGAL REFORM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) FEDERAL
AGENCY.—The term ‘Federal 
agency’ includes a State that has assumed responsi-
bility under section 327 of title 23, United States 
Code. 
‘‘(2) HEAD OF A FEDERAL AGENCY.—The term 
‘head of a Federal agency’ includes the governor or 
head of an applicable State agency of a State that 
has assumed responsibility under section 327 of title 
23, United States Code. 
‘‘(3) NEPA PROCESS.— 
‘‘(A) IN
GENERAL.—The term ‘NEPA 
process’ means the entirety of every process, 
analysis, or other measure, including an envi-
ronmental impact statement, required to be car-
ried out by a Federal agency under this title be-
fore the agency undertakes a proposed action. 
‘‘(B) PERIOD.—For purposes of subpara-
graph (A), the NEPA process— 
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‘‘(i) begins on the date on which the 
head of a Federal agency receives an appli-
cation for a proposed action from a project 
sponsor; and 
‘‘(ii) ends on the date on which the 
Federal agency issues, with respect to the 
proposed action— 
‘‘(I) a record of decision, includ-
ing, if necessary, a revised record of 
decision; 
‘‘(II) a finding of no significant 
impact; or 
‘‘(III) a categorical exclusion 
under this title. 
‘‘(4) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means a Federal agency or other entity, in-
cluding a private or public-private entity, that seeks 
approval of a proposed action. 
‘‘(b) JUDICIAL REVIEW.— 
‘‘(1) STANDING.—Notwithstanding any other 
provision of law, a plaintiff may only bring a claim 
arising under Federal law seeking judicial review of 
a portion of the NEPA process if the plaintiff pleads 
facts that allege that the plaintiff has personally suf-
fered, or will likely personally suffer, a direct, tan-
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gible harm as a result of the portion of the NEPA 
process for which the plaintiff is seeking review. 
‘‘(2) STATUTE OF LIMITATIONS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law and except as provided in 
subparagraph (B)(ii), a claim arising under 
Federal law seeking judicial review of any por-
tion of the NEPA process shall be barred un-
less it is filed not later than the earlier of— 
‘‘(i) 150 days after the final agency 
action under the NEPA process has been 
taken; and 
‘‘(ii) if applicable, an earlier date after 
which judicial review is barred that is spec-
ified in the Federal law pursuant to which 
the judicial review is allowed. 
‘‘(B) NEW INFORMATION.— 
‘‘(i) 
CONSIDERATION.—A 
Federal 
agency shall consider for the purpose of a 
supplemental environmental impact state-
ment new information received after the 
close of a comment period if the informa-
tion satisfies the requirements for a sup-
plemental environmental impact statement 
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under the regulations of the Federal agen-
cy. 
‘‘(ii) 
STATUTE
OF
LIMITATIONS 
BASED ON NEW INFORMATION.—If a sup-
plemental environmental impact statement 
is required under the regulations of a Fed-
eral agency, a claim for judicial review of 
the supplemental environmental impact 
statement shall be barred unless it is filed 
not later than the earlier of— 
‘‘(I) 150 days after the publica-
tion of a notice in the Federal Reg-
ister that the supplemental environ-
mental impact statement is final; and 
‘‘(II) if applicable, an earlier date 
after which judicial review is barred 
that is specified in the Federal law 
pursuant to which the judicial review 
is allowed. 
‘‘(C) SAVINGS
CLAUSE.—Nothing in this 
paragraph creates a right to judicial review. 
‘‘(3) REMEDIES.— 
‘‘(A) PRELIMINARY
INJUNCTIONS
AND 
TEMPORARY RESTRAINING ORDERS.— 
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‘‘(i) IN GENERAL.—Subject to clause 
(ii), in a motion for a temporary restrain-
ing order or preliminary injunction against 
a Federal agency or project sponsor in a 
claim arising under Federal law seeking ju-
dicial review of any portion of the NEPA 
process, the plaintiff shall establish by 
clear and convincing evidence that— 
‘‘(I) the plaintiff is likely to suc-
ceed on the merits; 
‘‘(II) the plaintiff is likely to suf-
fer irreparable harm in the absence of 
the temporary restraining order or 
preliminary injunction, as applicable; 
‘‘(III) the balance of equities is 
tipped in the favor of the plaintiff; 
and 
‘‘(IV) the temporary restraining 
order or preliminary injunction is in 
the public interest. 
‘‘(ii) ADDITIONAL
REQUIREMENTS.— 
A court may not grant a motion described 
in clause (i) unless the court— 
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‘‘(I) makes a finding of extraor-
dinary circumstances that warrant the 
granting of the motion; 
‘‘(II) considers the potential ef-
fects on public health, safety, and the 
environment, and the potential for sig-
nificant negative effects on jobs re-
sulting from granting the motion; and 
‘‘(III) notwithstanding any other 
provision of law, applies the require-
ments of Rule 65(c) of the Federal 
Rules of Civil Procedure. 
‘‘(B) PERMANENT INJUNCTIONS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), in a motion for a permanent injunc-
tion against a Federal agency or project 
sponsor a claim arising under Federal law 
seeking judicial review of any portion of 
the NEPA process, the plaintiff shall es-
tablish by clear and convincing evidence 
that— 
‘‘(I) the plaintiff has suffered an 
irreparable injury; 
‘‘(II) remedies available at law, 
including monetary damages, are in-
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adequate to compensate for the in-
jury; 
‘‘(III) considering the balance of 
hardship between the plaintiff and de-
fendant, a remedy in equity is war-
ranted; 
‘‘(IV) the public interest is not 
disserved by a permanent injunction; 
and 
‘‘(V) if the error or omission of a 
Federal agency in a statement re-
quired under this title is the grounds 
for which the plaintiff is seeking judi-
cial review, the error or omission is 
likely to result in specific, irreparable 
damage to the environment. 
‘‘(ii) ADDITIONAL SHOWING.—A court 
may not grant a motion described in clause 
(i) unless— 
‘‘(I) the court makes a finding 
that extraordinary circumstances exist 
that warrant the granting of the mo-
tion; and 
‘‘(II) the permanent injunction 
is— 
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‘‘(aa) as narrowly tailored as 
possible to correct the injury; and 
‘‘(bb) the least intrusive 
means necessary to correct the 
injury.’’. 
(b) ATTORNEY FEES IN ENVIRONMENTAL LITIGA-
TION.— 
(1) 
ADMINISTRATIVE
PROCEDURE.—Section 
504(b)(1) of title 5, United States Code, is amend-
ed— 
(A) in subparagraph (E), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (F), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(G) ‘special factor’ does not include knowl-
edge, expertise, or skill in environmental litigation.’’. 
(2) 
UNITED
STATES
AS
PARTY.—Section 
2412(d)(2) of title 28, United States Code, is 
amended— 
(A) in subparagraph (H), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (I), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
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‘‘(J) ‘special factor’ does not include 
knowledge, expertise, or skill in environmental 
litigation.’’. 
Æ 
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