an agency and any interagency consultation that is 
required or authorized under Federal law in order to 
site, construct, reconstruct, or commence operations 
of an energy project administered by— 
(A) a Federal agency; or 
(B) in the case of a State participating in 
or administering a review required or author-
ized under Federal law, as applicable, a State 
agency. 
(2) COMPLETION.— 
(A) IN
GENERAL.—The term ‘‘comple-
tion’’, with respect to an energy project, means 
the earlier of— 
(i) the date that the energy project 
commences commercial operation; and 
(ii) the date that the energy project 
begins production or delivery of energy or 
resources. 
(B) EXCLUSION.—The term ‘‘completion’’, 
with respect to an energy project, does not in-
clude construction activities pertaining to the 
energy project. 
(3) ENERGY
PROJECT.—The term ‘‘energy 
project’’ means a project for the development of a 
facility for— 
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(A) the generation, transmission, distribu-
tion, or storage of electric energy; 
(B) the production, processing, transpor-
tation, or delivery of fossil fuels, fuels derived 
from petroleum, or petrochemical feedstocks; or 
(C) the extraction, processing, refining, re-
cycling, or transportation of critical minerals 
essential to energy production, grid reliability, 
or national security. 
(4) LEGAL ACTION.— 
(A) IN
GENERAL.—The term ‘‘legal ac-
tion’’ means a legal claim brought in a Federal 
or State court of competent jurisdiction pursu-
ant to applicable law to remand, reverse, re-
scind, overturn, modify, or otherwise seek judi-
cial relief (including equitable relief) with re-
spect to an authorization for an energy project. 
(B) EXCEPTION.—The term ‘‘legal action’’ 
does not include a legal claim involving an au-
thorization for an energy project brought by a 
landowner for the fair market value of property 
which has been or may be acquired by eminent 
domain authority exercised pursuant to applica-
ble Federal law. 
(b) PRECLUSION.— 
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(1) COMMON NUCLEUS OF OPERATIVE FACT.— 
For the purposes of this section and res judicata, an 
energy project and all associated authorizations for 
that energy project shall be considered the common 
nucleus of operative fact giving rise to any legal ac-
tion under Federal law. 
(2) SINGLE ACTION RULE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, once a legal action or a 
claim involving any other aspect of an energy 
project has been finally adjudicated on the 
record by a court of competent jurisdiction, no 
subsequent legal action or a claim involving any 
aspect of an energy project may be brought in 
any Federal or State court with respect to the 
same energy project, regardless of— 
(i) the identity of the parties; 
(ii) the form of relief sought; or 
(iii) whether the subsequent legal ac-
tion or claim challenges a different author-
ization or agency decision related to the 
same energy project. 
(B) FINAL ADJUDICATION.—A final adju-
dication under subparagraph (A) includes any 
judgment, degree, or order issued by a court 
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that disposes of the legal action on the merits 
and is not subject to appeal. 
(3) JURISDICTION.—No Federal or State court 
shall have jurisdiction to hear or consider any legal 
action barred under paragraph (2). 
(c) EFFECT.— 
(1) IN GENERAL.—The preclusive effect estab-
lished pursuant to subsection (b) is solely for the 
benefit of, and may only be asserted by— 
(A) the Federal agency that issued an au-
thorization for the applicable energy project; or 
(B) the project sponsor of the applicable 
energy project. 
(2) NO
EXPANSION
OF
RIGHTS.—Nothing in 
this section creates, enlarges, or recognizes any right 
of action, defense, or claim preclusion on behalf of 
any party other than— 
(A) the Federal agency that issued an au-
thorization for the applicable energy project; 
and 
(B) the project sponsor of the applicable 
energy project. 
(d) EXCEPTIONS.—Nothing in this section precludes 
judicial review of— 
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(1) a legal action alleging operational violations 
of Federal or State law occurring after completion of 
the energy project; or 
(2) an enforcement action brought by the 
United States or a State in its sovereign capacity to 
ensure compliance with applicable law. 
SEC. 3. JUDICIAL REVIEW. 
(a) STANDARD OF REVIEW.—Notwithstanding chap-
ter 7 of title 5, United States Code, in reviewing a legal 
action, a court may hold that an applicable Federal agency 
did not adequately comply with the procedural require-
ments needed to issue the authorization only if the court 
determines that the applicable Federal agency abused its 
substantial discretion in complying with the procedural re-
quirements in issuing the authorization. 
(b) ROLE OF THE COURT.—A court reviewing a legal 
action described in subsection (a) shall defer to the appli-
cable Federal agency and may not substitute its judgment 
for the judgment of the applicable Federal agency regard-
ing factual determinations or the scope of review for 
issuance of the authorization. 
(c) REMAND.— 
(1) IN GENERAL.—If a court holds that an ap-
plicable Federal agency failed to adequately comply 
with the procedural requirements needed to issue an 
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authorization under subsection (a), the court may 
only remand the authorization to the Federal agency 
with— 
(A) specific instruction to correct the er-
rors or deficiencies in compliance; and 
(B) a reasonable schedule and deadline, 
subject to the condition that the deadline may 
not exceed— 
(i) with respect to an order entered on 
or after the date of enactment of this Act, 
the date that is 180 days after the date on 
which the order was entered; and 
(ii) with respect to an order entered 
before the date of enactment of this Act, 
the date that is 180 days after that date 
of enactment. 
(2) CONTINUED EFFECT.—An authorization re-
manded under paragraph (1) shall remain in effect 
while the Federal agency corrects any errors or defi-
ciencies specified by the court. 
(d) LIMITATIONS
ON
CLAIMS.—Notwithstanding 
chapter 7 of title 5, United States Code, a legal action 
described in subsection (a) shall be barred unless— 
(1) the legal action is filed not later than 150 
days after the date on which the final agency action 
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regarding the applicable authorization is made pub-
lic, unless a shorter timeline is specified under Fed-
eral law; and 
(2) in the case of an authorization for which 
there was a public comment period, the legal ac-
tion— 
(A) is filed by a party that submitted a 
substantive and unique comment during a pub-
lic comment period by the noticed comment 
deadline and that comment was sufficiently de-
tailed to put the applicable Federal agency on 
notice of the issue on which the party seeks re-
view and shows that the party would suffer di-
rect harm if the comment was not addressed; 
and 
(B) concerns the same subject matter 
raised in the comment submitted during the 
public comment period. 
Æ 
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