116th CONGRESS 2d Session |
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.
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
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,
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.”.