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Rep. Burlison Introduces the Judicial Review Timeline Clarity Act

January 18, 2024

WASHINGTON - Congressman Eric Burlison (MO-07) along with Water Resources and Environment Subcommittee Chairman David Rouzer (NC-07) introduced the Judicial Review Timeline Clarity Act which will set a deadline of 60 days for entities to file a suit to challenge the issuance of a permit for discharge of dredged or fill material.

“For far too long, environmental activist groups have used litigation to stall crucial projects.  The Judicial Review Timeline Clarity Act will provide certainty to agencies and communities in order to facilitate speedy authorizations, spur infrastructure development, and safeguard against endless lawsuits which stall crucial projects,” said Rep. Burlison.

“Common sense needs to be made in our legal system.  When we allow environmentalists to file frivolous lawsuits, it wastes time and resources for projects that the people of our nation depend on. Courts shouldn't be used as vehicles to impose an environmentalist agenda.”

In 1972, the Clean Water Act (CWA) was passed into law, bringing sweeping changes to many industries across the United States. This act included provisions, such as section 404, which established a program which regulates the discharge of dredged or fill material into waters of the United States. These permits are often required for infrastructure, energy production, pipeline, mining, agricultural, and building projects.

In recent history, environmental groups sued when a section 404 permit is provided to applicants, attempting to either delay or halt the project. Some of these lawsuits are brought well after a project is underway, causing industry to lose valuable resources and time in getting these projects completed. The Judicial Review Timeline Clarity Act will put a limit of 60 days to challenge the issuance of a permit in the courts after the authorization has been provided by the USACE.

Click here to read the full bill text.