I 
115TH CONGRESS 
2D SESSION 
H. R. 5468 
To amend chapter 7 of title 5, United States Code, to provide for certain 
limitations on judicial review of agency actions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 11, 2018 
Mr. MARINO (for himself, Mr. CUELLAR, Mr. GOODLATTE, Mr. SMITH of 
Texas, Mr. COLLINS of Georgia, and Mr. AMODEI) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend chapter 7 of title 5, United States Code, to provide 
for certain limitations on judicial review of agency ac-
tions, 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 ‘‘Permitting Litigation 
Efficiency Act of 2018’’. 
SEC. 2. LIMITATIONS ON JUDICIAL REVIEW OF AGENCY AC-
TIONS. 
Section 706 of title 5, United States Code, is amend-
ed— 
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(1) by striking ‘‘To the extent’’ and inserting 
‘‘(a) To the extent’’; and 
(2) by adding at the end the following: 
‘‘(b) A court shall presume a delay in final action on 
an application for Federally-required permits to be an un-
reasonable delay for purposes of subsection (a) if final ac-
tion on all permits applied for is not taken before— 
‘‘(1) the date for final action established in a 
schedule set by an official designated by the Presi-
dent, provided that such schedule is established not 
later than 60 days of the filing of the completed ap-
plication and includes, in addition to such date for 
final action, a date prior to such date for the final 
determination of the scope of any statutorily re-
quired environmental review; or 
‘‘(2) in the absence of such a date for final ac-
tion on the application, the date that is 2 years after 
the date the completed application was filed, other 
than in accordance with— 
‘‘(A) a timetable under section 41003(c)(2) 
of the Fixing America’s Surface Transportation 
Act; 
‘‘(B) section 139 of title 23, United States 
Code; or 
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‘‘(C) section 2045 of the Water Resources 
Development Act of 2007. 
‘‘(c) Notwithstanding any other provision of law, judi-
cial review of any permitting determination for a permit 
described in subsection (b) shall be barred unless the ac-
tion is filed not later than 180 days after the date of the 
final record of decision or approval or denial of the permit, 
unless a different time is otherwise specified in law. In 
any action seeking judicial review of such a determination, 
such review shall be limited only to matters that were in-
cluded in any record of the proceeding of the agency that 
pertain to the issuance of the permit, including the final 
determination of the scope of any environmental review.’’. 
SEC. 3. ISSUANCE OF RESTRAINING ORDERS AND INJUNC-
TIONS. 
(a) PRELIMINARY INJUNCTIONS OR TEMPORARY RE-
STRAINING ORDERS.—Section 705 of title 5, United 
States Code, is amended— 
(1) by striking ‘‘When an agency’’ and inserting 
‘‘(a) When an agency’’; and 
(2) by adding at the end the following: 
‘‘(b) In any action seeking review of a determination 
to issue a permit, if a party moves for a temporary re-
straining order or preliminary injunction pertaining to the 
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permit or the permitted activity, the court, in addition to 
any other applicable equitable considerations— 
‘‘(1) shall consider, in assessing the balance of 
the equities and the public interest, the potential 
beneficial and harmful effects resulting from such an 
order or injunction on public health, safety, the envi-
ronment, and economic interests, including in areas 
that will be affected by the permitted activity and on 
the employment of United States workers; 
‘‘(2) may not presume that any harms identi-
fied pursuant to paragraph (1) are reparable; 
‘‘(3) may condition such an order or injunction 
upon the payment by the party seeking such order 
or injunction of a bond equal to an amount not to 
exceed $5,000,000 or a lesser, but material, percent-
age of the reasonably anticipated costs of delay of 
the project for which the permit or permits were ap-
plied; and 
‘‘(4) may not issue a temporary restraining 
order unless the party seeking the order shows that 
it was not reasonably possible to seek a preliminary 
injunction at an earlier date.’’. 
(b) PERMANENT INJUNCTIONS.—Section 706 of title 
5, United States Code, as amended by this Act, is further 
amended by adding at the end the following: 
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‘‘(d) In any action seeking review of a determination 
to issue a permit, if a party moves for a restraining order 
or injunction pertaining to the permit or the permitted 
activity, the court, in addition to considering any other 
applicable equitable factors, shall issue such order only if 
it is determined to be in the public interest, and shall, 
in making such determination, consider— 
‘‘(1) the environmental benefits of the per-
mitted activity; and 
‘‘(2) the costs, including detrimental effects on 
the environment, of any delay in undertaking the 
permitted activity. 
‘‘(e) The court may preclude recovery by a permit ap-
plicant on a bond required under section 705(b)(3) if the 
court determines the action was substantially justified.’’. 
Æ 
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