II 118th CONGRESS 2d Session S. 4307 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. Short title This Act may be cited as the Fair and Timely Citizen Suits Act of 2024 . 2. Citizen suits (a) Clean Air Act Section 304 of the Clean Air Act ( 42 U.S.C. 7604 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), in the matter preceding clause (i), by striking 60 days and inserting 120 days ; and (ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; (B) in paragraph (2)— (i) by striking 60 days and inserting 120 days ; and (ii) by striking the comma at the end and inserting ; and ; (C) by inserting after paragraph (2) the following: (3) under paragraph (1) or (2) of subsection (a) after the 120-day period beginning on the date on which the 120-day period described in paragraph (1)(A) or (2), as applicable, ends, ; and (D) in the undesignated matter following paragraph (3) (as added by subparagraph (C)), by adding at the end the following: If the 120-day period under paragraph (3) has elapsed with respect to a notice for an action under paragraph (1) or (2) of subsection (a) without commencing the action, the plaintiff may not resubmit the notice required under this section or commence the action. ; and (2) in subsection (c), by adding at the end the following: (4) District court judgment A district court of the United States shall render a final judgment on an action under this section as expeditiously as practicable. (5) Appellate review A court of appeals of the United States shall render final judgment on an action under this section subject to its original jurisdiction or an interlocutory order or final judgment, decree, or order of a district court of the United States in an action under this section— (A) as expeditiously as practicable; and (B) not later than the date that is 1 year after the date on which the applicable interlocutory order or final judgment, decree, or order of the district court was issued. . (b) Federal Water Pollution Control Act Section 505 of the Federal Water Pollution Control Act ( 33 U.S.C. 1365 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), in the matter preceding clause (i), by striking sixty days and inserting 120 days ; and (ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; (B) in paragraph (2)— (i) by striking sixty days and inserting 120 days ; and (ii) by striking the comma at the end and inserting ; and ; (C) by inserting after paragraph (2) the following: (3) under paragraph (1) or (2) of subsection (a) after the 120-day period beginning on the date on which the 120-day period described in paragraph (1)(A) or (2), as applicable, ends, ; and (D) in the undesignated matter following paragraph (3) (as added by subparagraph (C)), by adding at the end the following: If the 120-day period under paragraph (3) has elapsed with respect to a notice for an action under paragraph (1) or (2) of subsection (a) without commencing the action, the plaintiff may not resubmit the notice required under this section or commence the action. ; and (2) in subsection (c), by adding at the end the following: (4) District court judgment A district court of the United States shall render a final judgment on an action under this section as expeditiously as practicable. (5) Appellate review A court of appeals of the United States shall render final judgment on an action under this section subject to its original jurisdiction or an interlocutory order or final judgment, decree, or order of a district court of the United States in an action under this section— (A) as expeditiously as practicable; and (B) not later than the date that is 1 year after the date on which the applicable interlocutory order or final judgment, decree, or order of the district court was issued. . (c) Endangered Species Act of 1973 Section 11(g) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(g) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking subparagraph (1)(A) of this section and inserting paragraph (1)(A) ; and (ii) in clause (i), by striking sixty days and inserting 120 days ; (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking subparagraph (1)(B) of this section and inserting paragraph (1)(B) ; and (ii) in clause (i), by striking sixty days and inserting 120 days ; (C) in subparagraph (C), by striking subparagraph (1)(C) of this section prior to sixty days and inserting paragraph (1)(C) prior to 120 days ; and (D) by adding at the end the following: (D) No action may be commenced under subparagraph (A), (B), or (C) of paragraph (1) after the 120-day period beginning on the date on which the 120-day period described subparagraph (A)(i), (B)(i), or (C), as applicable, ends. (E) If the 120-day period under subparagraph (D) has elapsed with respect to a notice for an action under subparagraph (A), (B), or (C) of paragraph (1) without commencing the action, the plaintiff may not resubmit the notice required under this subsection or commence the action. ; and (2) by adding at the end the following: (6) District court judgment A district court of the United States shall render a final judgment on an action under this subsection as expeditiously as practicable. (7) Appellate review A court of appeals of the United States shall render final judgment on an action under this subsection subject to its original jurisdiction or an interlocutory order or final judgment, decree, or order of a district court of the United States in an action under this subsection— (A) as expeditiously as practicable; and (B) not later than the date that is 1 year after the date on which the applicable interlocutory order or final judgment, decree, or order of the district court was issued. .