East Idaho Times

In a recent development, U.S. Senators Jim Risch and Mike Crapo from Idaho, alongside Senator Bill Cassidy from Louisiana, have introduced the Revising and Enhancing Project Authorizations Impacted by Review (REPAIR) Act. The proposed legislation aims to safeguard the permitting process for projects within the U.S. energy, manufacturing, and critical infrastructure sectors from what the senators describe as "frivolous lawsuits."

Senator Risch emphasized the need for the bill, stating, “Critical domestic energy, natural resource, and manufacturing projects have been blocked by activist litigation for far too long, forcing the U.S. to rely on countries like China for resources available in our own backyard.” He further argued that the REPAIR Act could close judicial loopholes and eliminate prolongations in litigation that impede the country's ability to exploit its natural resources.

Senator Crapo underscored the challenges faced by off-shore energy projects, noting, “Off-shore energy projects face stiff headwinds in America.” He believes that as America progresses toward energy independence, the REPAIR Act could mitigate the risk of unnecessary lawsuits, thus preventing prolonged delays in project proposals. He also mentioned its alignment with “President Trump’s domestic energy agenda.”

Adding to the discourse, Senator Cassidy accused environmental groups of exploiting the legal system to stall infrastructure and energy projects, saying, “Let’s end this and get the project moving again. It’s the only way to unleash American energy!”

The REPAIR Act proposes standardizing the judicial review process for approved permits, ensuring consistency in review procedures, adjudication scope, rules of standing, and statute limitations. By removing suits based on the National Environmental Policy Act, the bill aims to focus litigation on the statute related to the issued permit. Furthermore, it suggests a mediation framework for resolving judicial remands or related court actions, which would involve the project developer and the permit-issuing agency directly addressing concerns to advance the project. The act also seeks to enhance transparency in ongoing court proceedings to shed light on delays due to the judicial process.

Key supporters of the legislation include the U.S. Chamber of Commerce, the American Petroleum Institute, ClearPath, the National Mining Association, and Citizens for Responsible Energy Solutions (CRES).