Recognition of Local Interests in NEPA Decision Making

Recognition of Local Interests in NEPA Decision Making

This bill sets forth requirements for determining the venue for judicial review of an agency action under the National Environmental Policy Act of 1969 (NEPA). Specifically, the bill requires a proceeding for judicial review of an agency's compliance with NEPA to be brought in the U.S. district court for a district in which the authorized activity is proposed to be carried out or the U.S. District Court for the District of Columbia.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8256 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8256

  To amend the National Environmental Policy Act of 1969 to provide a 
rule to determine venue for a proceeding for judicial review of certain 
                            agency actions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2020

Ms. Cheney (for herself, Mr. Gosar, Mr. LaMalfa, Mr. Young, Mr. Perry, 
   Mr. Stauber, Mr. Bishop of Utah, Mr. Crawford, Mr. Kevin Hern of 
 Oklahoma, Mr. Newhouse, Mr. Westerman, and Mr. Johnson of Louisiana) 
 introduced the following bill; which was referred to the Committee 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 jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the National Environmental Policy Act of 1969 to provide a 
rule to determine venue for a proceeding for judicial review of certain 
                            agency actions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recognition of Local Interests in 
NEPA Decision Making''.

SEC. 2. VENUE FOR JUDICIAL REVIEW.

    Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) is amended by adding at the end the following:

``SEC. 106. VENUE FOR JUDICIAL REVIEW.

    ``(a) In General.--A proceeding for judicial review of an agency 
action when there is an alleged failure to fulfill the requirements of 
section 102(2)(C) shall be brought exclusively in any of the following:
            ``(1) A United States district court for a district in 
        which the authorized activity is proposed to be carried out.
            ``(2) The United States district court for the District of 
        Columbia.
    ``(b) Agency Action Defined.--The term `agency action' has the 
meaning given such term in section 551 of title 5, United States 
Code.''.
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