I 111th CONGRESS 1st Session H. R. 900 IN THE HOUSE OF REPRESENTATIVES February 4, 2009 Mr. Shadegg (for himself, Mrs. Blackburn, Mr. Kingston, Mr. Carter, Mr. Herger, Mrs. McMorris Rodgers, Mr. Radanovich, Mr. McCotter, Mr. Barrett of South Carolina, Ms. Foxx, Mr. Daniel E. Lungren of California, Mr. Pitts, Mr. Miller of Florida, and Mrs. Myrick) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish procedures for causes and claims relating to 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, and for other purposes.

1.

Statement of constitutional authority

Congress enacts this Act pursuant to its authority under— (1)article I of the Constitution, to regulate commerce; (2)article I of the Constitution, to make all laws necessary and proper to carry into execution the other powers of Congress and other powers vested by the Constitution in the Government of the United States and its officers and departments; (3)article III of the Constitution, to define and regulate the jurisdiction of Federal courts; and (4)article IV of the Constitution, to make needful regulations respecting the territory or other property of the United States.

2.

Findings

Congress finds that— (1)the United States spends over $1 billion per day to import crude oil from foreign countries; (2)such expenditure represents the largest wealth transfer in history; (3)environmental groups have legally challenged every lease in the Alaskan Outer Continental Shelf in the Chukchi and Beaufort Seas; (4)environmental groups have legally challenged the entire 2007–2012 5-year national Outer Continental Shelf leasing program; (5)such legal challenges significantly delay or ultimately prevent energy resources from reaching the American public; (6)these legal challenges come at a high cost to the American public and the American economy; and (7)Congress finds that expedited judicial review is necessary to prevent this gross abuse of the United States judicial system.

3.

Exclusive jurisdiction over causes and claims relating to covered energy projects

Notwithstanding any other provision of law, the United States District Court for the District of Columbia shall have exclusive jurisdiction to hear all causes and claims under this Act or any other Act that arise from any covered energy project.

4.

Time for filing complaint

All causes and claims referred to in section 3 must be filed not later than the end of the 60-day period beginning on the date of the action or decision by a Federal official that constitutes the covered energy project concerned. Any cause or claim not filed within that time period shall be barred.

5.

District court for the District of Columbia deadline

(a)

In general

All proceedings that are subject to section 3— (1)shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause or claim is filed; and (2)shall take precedence over all other pending matters before the district court. (b)

Failure To comply with deadline

If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline described under this section, the cause or claim shall be dismissed with prejudice and all rights relating to such cause or claim shall be terminated.

6.

Ability to seek appellate review

An interlocutory or final judgment, decree, or order of the district court may be reviewed by no other court except the Supreme Court.

7.

Deadline for appeal to the Supreme Court

If a writ of certiorari has been granted by the Supreme Court pursuant to section 6, then— (1)the interlocutory or final judgment, decree, or order of the district court shall be resolved as expeditiously as possible and in any event not more than 180 days after such interlocutory or final judgment, decree, order of the district court is issued; and (2)all such proceedings shall take precedence over all other matters then before the Supreme Court.

8.

Covered energy project defined

In this Act, the term covered energy project means any action or decision by a Federal official regarding— (1)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, including actions and decisions regarding the selection or offering of Federal lands for such leasing; or (2)any action under such a lease.