East Idaho Times

U.S. Senators Mike Crapo, Jim Risch, and Bill Cassidy have introduced a new legislative proposal aimed at reforming how energy projects are challenged in court. The bill, titled the Revising and Enhancing Project Authorizations Impacted by Review, or REPAIR Act, seeks to protect projects from what the senators describe as frivolous lawsuits that can delay critical infrastructure projects.

According to Senator Crapo, off-shore energy projects are facing significant challenges. "As we move toward greater American energy independence," said Crapo, "the REPAIR Act would reduce the threat of frivolous lawsuits during the permitting and review process for new projects that can tie up proposals for years." He views the bill as a step toward promoting President Trump's domestic energy agenda.

Senator Risch highlighted the impact of activist litigation on domestic projects. “Critical domestic energy, natural resource and manufacturing projects have been blocked by activist litigation for far too long," he said. Risch suggests that the new bill will "close judicial loopholes and eliminate years of unnecessary litigation."

Senator Cassidy pointed to what he sees as a pattern of actions by activist groups. "Green activist groups manipulate the legal system to keep infrastructure and energy projects in legal purgatory," said Cassidy. The REPAIR Act, as described, aims to streamline the legal process by ensuring consistent review processes across permitting laws and by limiting lawsuits to the specific statutes under which permits are issued.

The bill would also create a mediation process to address judicial challenges directly between project developers and permit agencies. Moreover, it aims to increase transparency in court challenges to permits.

The REPAIR Act has garnered support from several organizations, including the U.S. Chamber of Commerce, the American Petroleum Institute, ClearPath, the National Mining Association, and Citizens for Responsible Energy Solutions.