119th Congress (2025-2026)

HR 8249

Making Reviews Certain Act

Introduced

Jurisdiction

US Congress

Session

119th Congress (2025-2026)

Official source

Chamber

House

Session

119th Congress (2025-2026)

Jurisdiction

US Congress

Bill overview

This bill, the Making Reviews Certain Act, amends the National Environmental Policy Act (NEPA) to clarify the scope of environmental reviews and limit judicial review of agency decisions related to energy infrastructure. Specifically, it narrows the scope of effects agencies must consider in environmental documents, and establishes a 180-day deadline for challenging agency actions related to energy infrastructure, with certain requirements for the challenging party. It also outlines limitations on court-ordered agency remands and clarifies the definition of ‘reasonably foreseeable’ environmental effects.

Key provisions

Defines the scope of effects agencies must consider in environmental documents, focusing on those with a reasonably close causal relationship to the project.
Establishes a 180-day deadline for filing legal challenges to final agency actions concerning energy infrastructure.
Specifies requirements for parties challenging agency actions, including submitting substantive comments during the public comment period and demonstrating direct harm.
Defines ‘energy infrastructure’ as facilities involved in energy production, transportation, and generation.
Limits court-ordered agency remands to situations involving significant environmental harm and the absence of other equitable remedies.
Clarifies the definition of ‘reasonably foreseeable’ environmental effects.
Redesignates and reorders sections within NEPA to improve clarity.
Preserves the right to seek review under section 107(g)(3).

Who is affected

Positions across the country

No public positions recorded for this legislation.

Arguments in favor

Reasons to support this legislation.

No arguments in favor have been submitted.

Submit yours

Arguments opposed

Reasons to oppose this legislation.

No arguments opposed have been submitted.

Submit yours

Legislative history

2026-04-13House

Referred to the House Committee on Natural Resources.

2026-04-13

Introduced in House

2026-04-13

Introduced in House

Read the latest version inline or switch to a previous version.

Apr 13, 2026XMLView source

119th CONGRESS — 2d Session

H. R. 8249

IN THE HOUSE OF REPRESENTATIVES

A BILL

To amend the National Environmental Policy Act of 1969 to clarify the scope of review, establish limits for judicial review of environmental documents relating to energy infrastructure, and for other purposes.

1.Short title

This Act may be cited as the

Making Reviews Certain Act

2.Scope of review

Section 106 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336) is amended—

(1)

in the heading, by inserting ; scope of review after level of review; and

(2)

by adding at the end the following:

(c)Scope of reviewIn preparing an environmental document for a proposed agency action, a Federal agency is only required to consider those effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate project or action under consideration, to comply with the requirements of this Act.

3.Limitations on judicial review of environmental documents relating to energy infrastructure

Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is amended—

(1)

by redesignating section 112 as section 110A and moving such section so as to appear after section 110; and

(2)

by inserting before section 111 the following:

110B.Limitations on judicial review of environmental documents relating to energy infrastructure

(a)Limitations on claims

(1)In general

Notwithstanding any other provision of law (except as provided in subparagraph (A) with respect to a shorter deadline), a claim challenging whether a final agency action relating to energy infrastructure complies with the requirements of this Act shall be barred unless—

(A)such claim is filed not later than 180 days after the final agency action is made public, unless a shorter deadline is specified under law;

(B)in the case of a final agency action for which there was a public comment period on an environmental document, such claim—

(i)is filed by a party that submitted a substantive and unique comment during such public comment period by the noticed comment deadline for the environmental document and such comment was sufficiently detailed to put the applicable Federal agency on notice of the issue upon which the party seeks review; and

(ii)concerns the same subject matter raised in the comment submitted during the public comment period;

(C)such claim is filed by a party that has suffered or imminently will suffer direct harm from the final agency action; and

(D)such claim does not challenge the establishment of a categorical exclusion.

(2)Energy infrastructure definedIn this subsection, the term energy infrastructure means a facility, and associated equipment, used for enabling the identification, leasing, development, production, processing, transportation, transmission, refining, and generation needed for energy.

(b)Limitations on remand

(1)In generalNotwithstanding any other provision of law, no final agency action shall be vacated by a court, following a decision on the merits, unless the court determines that—

(A)the major Federal action for which the environmental document or final agency action is prepared will pose a significant risk of a proximate and substantial environmental harm; and

(B)there is no other equitable remedy available as a matter of law.

(2)RemandNotwithstanding any other provision of law, if a court determines there are errors or deficiencies with an environmental document or final agency action that need to be corrected—

(A)the court may remand the environmental document to the applicable Federal agency with specific instruction to correct such errors or deficiencies within 180 days from the date on which the order of the court was issued to the applicable Federal agency; and

(B)the major Federal action may be carried out pursuant to the final agency action notwithstanding the remand of the environmental document or final agency action under subparagraph (A), including during the time prescribed by the court to the Federal agency to correct such errors or deficiencies, so long as the court has not determined that vacatur is appropriate under paragraph (1).

(c)No effect on review of compliance with other deadlinesThis section shall not affect the right to obtain review under section 107(g)(3).

4.Deference to agencies in judicial review

Section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e) is amended by adding at the end the following:

(14)Reasonably foreseeableTo comply with the requirements of this Act, the term reasonably foreseeable, with respect to environmental effects of a proposed agency action, means effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate project or action under consideration.

HR 8249

Bill overview

Key provisions

Who is affected

Sponsors

Primary sponsor

Positions across the country

Arguments in favor

Arguments opposed

Bill text

Notable changes

Positions across the country