110 HR 6887 IH: To authorize the President or a designee of the President U.S. House of Representatives 2008-09-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6887 IN THE HOUSE OF REPRESENTATIVES September 11, 2008 Mr. Shadegg introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the President or a designee of the President to waive any legal requirement under any provision of Federal law otherwise applicable to a covered energy project as the President or such designee determines necessary to ensure expeditious conduct of such project, and for other purposes.

1.

Waiver of laws applicable to covered energy projects

(a)

In general

Notwithstanding any other provision of law, the President or a designee of the President may waive any legal requirement under any provision of Federal law otherwise applicable to a covered energy project, including any provision of law relating to any administrative protest of any agency action taken with respect to such a project, as the President or such designee, in his or her sole discretion, determines necessary to ensure expeditious conduct of such project. Any such determination shall be effective upon being published in the Federal Register. (b)

Federal court review

(1)

In general

The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the President or such designee pursuant to subsection (a). Such a cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court shall not have jurisdiction to hear any claim not specified in this paragraph. (2)

Time for filing of complaint

Any cause or claim brought pursuant to paragraph (1) shall be filed not later than 60 days after the date of the action or decision made by the President or such designee. A claim shall be barred unless it is filed within the time specified. (3)

Ability to seek appellate review

An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States. (c)

Covered energy project defined

In this section the term, covered energy project— (1)means the construction, operation, or maintenance of any building, structure, or other facility for the development, production, processing, or transmission of energy; and (2)includes— (A)construction, operation, or maintenance of any oil or natural gas pipeline or refinery; and (B)the leasing of Federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy.