Crapo, Risch and Cassidy Introduce Bill to Protect Energy Permitting Process from Frivolous Lawsuits

WASHINGTON, D.C.--U.S. Senators Mike Crapo (R-Idaho), Jim Risch (R-Idaho) and Bill Cassidy (R-Louisiana) introduced the Revising and Enhancing Project Authorizations Impacted by Review (REPAIR) Act that would protect the permitting process for U.S. energy, manufacturing and critical infrastructure projects from frivolous litigation.

“Off-shore energy projects face stiff headwinds in America,” said Crapo.  “As we move toward greater American energy independence, the REPAIR Act would reduce the threat of frivolous lawsuits during the permitting and review process for new projects that can tie up proposals for years.  Advancing this bill is an important step in furthering President Trump’s domestic energy agenda.”

“Critical domestic energy, natural resource and manufacturing projects have been blocked by activist litigation for far too long, forcing the U.S. to rely on countries like China for resources available in our own backyard,” said Risch.  “The REPAIR Act would close judicial loopholes and eliminate years of unnecessary litigation that have hindered our ability to harness our own natural resources.”

“Green activist groups have a pattern.  They manipulate the legal system to keep infrastructure and energy projects in legal purgatory,” said Cassidy.  “Let’s end this and get the project moving again.  It’s the only way to unleash American energy!”

The REPAIR Act would make many vital changes to the judicial review of an approved permit by ensuring all laws related to permitting have the same review process, scope of adjudication, rules for standing and statute of limitations.  The bill would remove the ability to file a suit based on the National Environmental Policy Act, instead focusing lawsuits on the statute for which the permit was issued.  In the case of a judicial remand or other court action, the REPAIR Act would establish a mediation process that allows the project developer and the permit-issuing agency to directly address the challenge and enable the project to move forward.  Additionally, the bill would increase transparency in ongoing court challenges to permits to highlight the unnecessary delays caused by the judicial process.

The legislation is supported by the U.S. Chamber of Commerce, American Petroleum Institute, ClearPath, the National Mining Association and Citizens for Responsible Energy Solutions (CRES).

###