The Energy Permitting Reform Act (EPRA) of 2024 will make several specific changes to the judicial review process related to energy and mineral project permits:
- Drastically Shortened Judicial Review Window: The time allowed for judicial review challenges to permitting decisions will be reduced sharply from the current typical timeframe of six years down to just 150 days. This severely limits the time communities and other stakeholders have to mount legal challenges against permits.
- Expedited Judicial Review: Courts will be required to prioritize and expedite cases that review agency permitting decisions under the Act. This includes faster deadlines for filing permitting challenges and accelerated court proceedings for these cases, aimed at reducing delays in project approvals.
- Time Limits on Agency Actions on Remand: When courts identify errors and remand permitting decisions back to agencies, the bill imposes strict time limits on how long agencies can take to address those errors. This is intended to prevent prolonged delays after judicial review.
- Reduced Due Process and Environmental Protections: Critics point out that these changes essentially undermine communities’ rights to due process and weaken tools like the National Environmental Policy Act (NEPA), which traditionally provide recourse against environmental harm from large projects.
- Comparison with Other Legislative Proposals: While EPRA accelerates judicial review, it is considered less aggressive than some other bills that propose further restrictions, such as heightened exhaustion requirements or narrowing claims available in court.
In summary, the Energy Permitting Reform Act will significantly accelerate and limit the judicial review process for energy and mineral project permits by shortening the challenge period to 150 days, mandating expedited court review, and imposing deadlines on agency remedies, thereby reducing litigation delays but also narrowing opportunities for legal challenges and environmental oversight.
Original article by NenPower, If reposted, please credit the source: https://nenpower.com/blog/what-specific-changes-will-the-energy-permitting-reform-act-make-to-the-judicial-review-process/
