What This Bill Does
This bill prevents courts from reviewing certain energy infrastructure projects that received federal approval before January 1, 2018. The bill aims to allow these "legacy projects" to move forward with construction without legal challenges.
Who It Affects
Projects that received a certificate of public convenience and necessity from the Federal Energy Regulatory Commission before January 1, 2018, are directly affected. Courts and the United States Court of Appeals for the District of Columbia Circuit will have their authority changed regarding these projects.
Key Provisions
• Projects that received a certificate of public convenience and necessity before January 1, 2018 must be constructed quickly in the location and form specified in that certificate or any related amendments (Sec. 2(1))
• Courts cannot review or hear cases about the certificate of public convenience and necessity, any amendments to it, or any federal or state agency decisions made to help complete the project, and any existing court cases about these issues must be dismissed (Sec. 2(2))
• The United States Court of Appeals for the District of Columbia Circuit gets authority to hear only claims that this section itself is invalid or that an action goes beyond what this section allows (Sec. 2(3))
What Changes
If this becomes law, legacy projects lose the protection of judicial review in regular courts. Any lawsuits trying to challenge these projects or their approvals must be dismissed immediately and cannot proceed.
Important Definitions
The bill does not explicitly define any terms.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 2384
To lower energy costs by ending judicial review for legacy projects and
providing jurisdiction to the United States Court of Appeals for the
District of Columbia Circuit, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 2023
Mrs. MILLER of West Virginia (for herself, Mr. RESCHENTHALER, and Mr.
MOONEY) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce
A BILL
To lower energy costs by ending judicial review for legacy
projects and providing jurisdiction to the United States
Court of Appeals for the District of Columbia Circuit,
and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Complete American
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Pipelines Act of 2023’’.
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SEC. 2. LEGACY PROJECTS.
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Notwithstanding any other provision of law, for any
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project that, prior to January 1, 2018, has been granted
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•HR 2384 IH
a certificate of public convenience and necessity by the
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Federal Energy Regulatory Commission pursuant to sec-
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tion 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)), and
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where such certificate of public convenience and necessity
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is still in effect—
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(1) such project shall be constructed expedi-
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tiously in the location and form specified in such
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certificate of public convenience and necessity or any
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amendment or authorization issued pursuant there-
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to, and consistent with other applicable permits;
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(2) such certificate of public convenience and
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necessity and any amendment, extension of time, or
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other authorization issued pursuant to or related
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thereto, and any order or action of a Federal agency
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or State administrative agency acting pursuant to
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Federal law for such project that is required to com-
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plete construction of such project, issued prior to or
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subsequent to the enactment of this section, shall
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not be subject to judicial review in any court, and
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any action (including any action pending in a court
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as of the date of enactment of this section) seeking
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judicial review of such an agency order or action
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shall not be filed or maintained in any court and
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shall be promptly dismissed; and
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•HR 2384 IH
(3) the United States Court of Appeals for the
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District of Columbia Circuit shall have original and
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exclusive jurisdiction over any claim alleging the in-
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validity of this section or that an action is beyond
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the scope of authority conferred by this section.
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Æ
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