I 
119TH CONGRESS 
1ST SESSION H. R. 3905 
To amend the Federal Water Pollution Control Act with respect to judicial 
review of the issuance of a permit for the discharge of dredged or 
fill material, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2025 
Mr. BURLISON introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act with 
respect to judicial review of the issuance of a permit 
for the discharge of dredged or fill material, 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 ‘‘Judicial Review 
Timeline Clarity Act’’. 
SEC. 2. JUDICIAL REVIEW TIMELINE CLARITY. 
Section 404 of the Federal Water Pollution Control 
Act (33 U.S.C. 1344) is amended— 
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‘‘(2) LIMITATION ON COMMENCEMENT OF CER-
TAIN
ACTIONS.—Notwithstanding any other provi-
sion of law, no action described in paragraph (1) 
may be commenced unless the action— 
‘‘(A) is filed by a party that submitted a 
comment— 
‘‘(i) during the public comment period 
for the administrative proceedings related 
to the applicable action described in such 
paragraph; and 
‘‘(ii) which was sufficiently detailed to 
put the Secretary or the State, as applica-
ble, on notice of the issue upon which the 
party seeks judicial review; and 
‘‘(B) is related to such comment. 
‘‘(3) REMEDY.—If a court determines that the 
Secretary or the State, as applicable, did not comply 
with the requirements of this section in issuing an 
individual or general permit under this section, or in 
verifying that an activity involving a discharge of 
dredged or fill material is authorized by a general 
permit issued under this section, as applicable— 
‘‘(A) the court shall remand the matter to 
the Secretary or the State, as applicable, for 
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further proceedings consistent with the deter-
mination of the court; 
‘‘(B) with respect to a determination re-
garding the issuance of an individual or general 
permit under this section, the court may not va-
cate, revoke, enjoin, or otherwise limit the per-
mit, unless the court finds that activities au-
thorized under the permit would present an im-
minent and substantial danger to human health 
or the environment for which there is no other 
equitable remedy available under the law; and 
‘‘(C) with respect to a determination re-
garding a verification that an activity involving 
a discharge of dredged or fill material is au-
thorized by a general permit issued under this 
section, the court may not enjoin or otherwise 
limit the discharge unless the court finds that 
the activity would present an imminent and 
substantial danger to human health or the envi-
ronment for which there is no other equitable 
remedy available under the law. 
‘‘(4) TIMELINE TO ACT ON COURT ORDER.—If 
a court remands a matter under paragraph (2), the 
court shall set and enforce a reasonable schedule 
and deadline, which may not exceed 180 days from 
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the date on which the court remands such matter, 
except as otherwise required by law, for the Sec-
retary or the State, as applicable, to take such ac-
tions as the court may order.’’. 
Æ 
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