H.R. 8249

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8249 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8249

To amend the National Environmental Policy Act of 1969 to clarify the 
scope of review, establish limits for judicial review of environmental 
documents relating to energy infrastructure, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 13, 2026

Mr. Gottheimer introduced the following bill; which was referred to the 
Committee on Natural Resources

_______________________________________________________________________

A BILL

To amend the National Environmental Policy Act of 1969 to clarify the 
scope of review, establish limits for judicial review of environmental 
documents relating to energy infrastructure, and for other purposes.

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 ``Making Reviews Certain Act''.

SEC. 2. SCOPE OF REVIEW.

Section 106 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4336) is amended--
(1) in the heading, by inserting ``; scope of review'' 
after ``level of review''; and
(2) by adding at the end the following:
``(c) Scope of Review.--In preparing an environmental document for 
a proposed agency action, a Federal agency is only required to consider 
those effects that share a reasonably close causal relationship to, and 
are proximately caused by, the immediate project or action under 
consideration, to comply with the requirements of this Act.''.

SEC. 3. LIMITATIONS ON JUDICIAL REVIEW OF ENVIRONMENTAL DOCUMENTS 
RELATING TO ENERGY INFRASTRUCTURE.

Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 
4331 et seq.) is amended--
(1) by redesignating section 112 as section 110A and moving 
such section so as to appear after section 110; and
(2) by inserting before section 111 the following:

``SEC. 110B. LIMITATIONS ON JUDICIAL REVIEW OF ENVIRONMENTAL DOCUMENTS 
RELATING TO ENERGY INFRASTRUCTURE.

``(a) Limitations on Claims.--
``(1) In general.--Notwithstanding any other provision of 
law (except as provided in subparagraph (A) with respect to a 
shorter deadline), a claim challenging whether a final agency 
action relating to energy infrastructure complies with the 
requirements of this Act shall be barred unless--
``(A) such claim is filed not later than 180 days 
after the final agency action is made public, unless a 
shorter deadline is specified under law;
``(B) in the case of a final agency action for 
which there was a public comment period on an 
environmental document, such claim--
``(i) is filed by a party that submitted a 
substantive and unique comment during such 
public comment period by the noticed comment 
deadline for the environmental document and 
such comment was sufficiently detailed to put 
the applicable Federal agency on notice of the 
issue upon which the party seeks review; and
``(ii) concerns the same subject matter 
raised in the comment submitted during the 
public comment period;
``(C) such claim is filed by a party that has 
suffered or imminently will suffer direct harm from the 
final agency action; and
``(D) such claim does not challenge the 
establishment of a categorical exclusion.
``(2) Energy infrastructure defined.--In this subsection, 
the term `energy infrastructure' means a facility, and 
associated equipment, used for enabling the identification, 
leasing, development, production, processing, transportation, 
transmission, refining, and generation needed for energy.
``(b) Limitations on Remand.--
``(1) In general.--Notwithstanding any other provision of 
law, no final agency action shall be vacated by a court, 
following a decision on the merits, unless the court determines 
that--
``(A) the major Federal action for which the 
environmental document or final agency action is 
prepared will pose a significant risk of a proximate 
and substantial environmental harm; and
``(B) there is no other equitable remedy available 
as a matter of law.
``(2) Remand.--Notwithstanding any other provision of law, 
if a court determines there are errors or deficiencies with an 
environmental document or final agency action that need to be 
corrected--
``(A) the court may remand the environmental 
document to the applicable Federal agency with specific 
instruction to correct such errors or deficiencies 
within 180 days from the date on which the order of the 
court was issued to the applicable Federal agency; and
``(B) the major Federal action may be carried out 
pursuant to the final agency action notwithstanding the 
remand of the environmental document or final agency 
action under subparagraph (A), including during the 
time prescribed by the court to the Federal agency to 
correct such errors or deficiencies, so long as the 
court has not determined that vacatur is appropriate 
under paragraph (1).
``(c) No Effect on Review of Compliance With Other Deadlines.--This 
section shall not affect the right to obtain review under section 
107(g)(3).''.

SEC. 4. DEFERENCE TO AGENCIES IN JUDICIAL REVIEW.

Section 111 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4336e) is amended by adding at the end the following:
``(14) Reasonably foreseeable.--To comply with the 
requirements of this Act, the term `reasonably foreseeable', 
with respect to environmental effects of a proposed agency 
action, means effects that share a reasonably close causal 
relationship to, and are proximately caused by, the immediate 
project or action under consideration.''.
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