S. 1355: Revising and Enhancing Project Authorizations Impacted by Review Act of 2025

This bill, known as the REPAIR Act of 2025, aims to update the process for approving certain projects under various environmental laws and modify how judicial reviews of these projects are conducted. The main objectives and features of the bill include:

1. Project Authorization Process Enhancements

The bill intends to streamline existing procedures for project approvals by establishing clear guidelines for agencies responsible for permitting projects under several pieces of environmental legislation. This could potentially speed up the authorization processes for projects requiring federal approval, such as infrastructure development, energy generation, and environmental conservation projects.

2. Changes to Judicial Review

• Statute of Limitations: The bill sets a 120-day deadline for judicial review claims related to project authorizations to be filed after the final agency action is taken.
• Right of Action: Individuals can only bring claims if they demonstrate that they will suffer direct and tangible harm not previously considered in the authorization process.
• Claims Process: The act limits how and when additional claims related to project approvals can be made, heavily regulating the litigation process to reduce delays associated with judicial reviews.

3. Default Remedies

If a court finds that an agency has not followed the required approval process, the default remedy would be to send the authorization back to the agency for correction, rather than vacating the approval outright. This means that unless there is an imminent threat to public health or the environment, a project is less likely to be completely halted due to legal challenges.

4. Mediation for Resolved Issues

In cases where an authorization is challenged in court and subsequently remanded, the bill proposes a mediation process where project sponsors must work with the permitting agency to address the issues raised by the court to rectify any problems while still pursuing project development.

5. Reporting and Accountability

The act includes provisions for tracking how long judicial reviews take, requiring the establishment of a public database that maintains information about claims, facilitating transparency in the judicial review process.

6. Existing Projects and Reviews

For projects that are already in the pipeline or under review at the time of the bill's enactment, the new judicial review processes would also be applied to them, essentially retrofitting the new rules to ongoing authorizations.

7. Notable Environmental Laws Mentioned

The legislation references various existing laws involved in environmental review, such as:

• The Clean Air Act
• The Federal Water Pollution Control Act
• The Endangered Species Act
• The National Environmental Policy Act

8. Judicial Composition and Case Assignment

The bill introduces guidelines for how cases are assigned to judges, aiming to minimize the appearance of bias or favoritism in judicial proceedings related to project approvals.

9. Long-term Governance Changes

The act aims to refine governance related to environmental review and project authorizations, potentially affecting how future projects are planned and executed by requiring faster resolutions to legal claims and a more efficient process for project sponsors to address environmental concerns.

Relevant Companies

• DVN (Devon Energy Corporation) - May be impacted as oil and gas projects often require extensive governmental reviews and approvals.
• XOM (ExxonMobil) - Similar to Devon, projects related to fossil fuels may face streamlined reviews under the new bill.
• NEM (Newmont Corporation) - The mining sector could see expedited authorizations for new mining projects which often face extensive reviews.