42 U.S.C. § 6
Sections in this chapter
- § 1
- § 2
- § 3
- § 4
- § 5
- § 6
- § 7
- § 8
- § 9
- § 10
- § 11
- § 12
- § 4321
- § 4331
- § 4332
- § 4332a
- § 4333
- § 4334
- § 4335
- § 4336
- § 4336a
- § 4336b
- § 4336c
- § 4336e
- § 4336d
- § 4336f
- § 4341
- § 4342
- § 4343
- § 4344
- § 4345
- § 4346
- § 4346a
- § 4346b
- § 4347
- § 4361a
- § 4361c
- § 4361b
- § 4362
- § 4362a
- § 4363
- § 4363a
- § 4364
- § 4365
- § 4366
- § 4366a
- § 4367
- § 4368
- § 4368b
- § 4368a
- § 4369
- § 4369a
- § 4370
- § 4370a
- § 4370b
- § 4370c
- § 4370d
- § 4370e
- § 4370f
- § 4370g
- § 4370h
- § 4370i
- § 4370j
- § 4370m
§ 4370m–6. Litigation, judicial review, and savings provision
- (a)
- (1) Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of any authorization issued by a Federal agency for a covered project shall be barred unless—
- (A) the claim is filed not later than 2 years after the date of publication in the Federal Register of notice of final agency action on the authorization, unless a shorter time is specified in the Federal law under which judicial review is allowed; and
- (B) in the case of an action pertaining to an environmental review conducted under NEPA—
- (i) the claim is filed by a party that submitted a comment during the environmental review; and
- (ii) any commenter filed a sufficiently detailed comment so as to put the lead agency on notice of the issue on which the party seeks judicial review, or the lead agency did not provide a reasonable opportunity for such a comment on that issue.
- (2)
- (A) The head of a lead agency or participating agency shall consider new information received after the close of a comment period if the information satisfies the requirements under regulations implementing NEPA.
- (B) If Federal law requires the preparation of a supplemental environmental impact statement or other supplemental environmental document, the preparation of such document shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the agency action shall be 2 years after the date on which a notice announcing the final agency action is published in the Federal Register, unless a shorter time is specified in the Federal law under which judicial review is allowed.
- (3) Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of an authorization.
- (1) Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of any authorization issued by a Federal agency for a covered project shall be barred unless—
- (b) In addition to considering any other applicable equitable factors, in any action seeking a temporary restraining order or preliminary injunction against an agency or a project sponsor in connection with review or authorization of a covered project, the court shall—
- (1) consider the potential effects on public health, safety, and the environment, and the potential for significant negative effects on jobs resulting from an order or injunction; and
- (2) not presume that the harms described in paragraph (1) are reparable.
- (c) Except as provided in subsection (a), nothing in this subchapter affects the reviewability of any final Federal agency action in a court of competent jurisdiction.
- (d) Nothing in this subchapter—
- (1) supersedes, amends, or modifies any Federal statute or affects the responsibility of any Federal officer to comply with or enforce any statute; or
- (2) creates a presumption that a covered project will be approved or favorably reviewed by any agency.
- (e) Nothing in this subchapter preempts, limits, or interferes with—
- (1) any practice of seeking, considering, or responding to public comment; or
- (2) any power, jurisdiction, responsibility, or authority that a Federal, State, or local governmental agency, metropolitan planning organization, Indian tribe, or project sponsor has with respect to carrying out a project or any other provisions of law applicable to any project, plan, or program.
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