The REPAIR Act of 2023 would significantly restrict how people can challenge federal permitting decisions for major infrastructure projects in court. The bill sets a strict 30-day deadline for filing lawsuits challenging initial project authorizations and prevents plaintiffs from bringing subsequent legal actions if they miss a 30-day window after filing their first claim. Only individuals who will suffer "direct and tangible harm" (physical injury or uncompensated economic loss) to themselves are allowed to sue, which would eliminate many environmental and public interest lawsuits. When a court invalidates a permit, rather than halting the project, the bill would require the project sponsor and federal agency to undergo a Council-led mediation process to modify the project, with the agency forced to reauthorize it within 15 days even if modifications are minimal or inadequate. The legislation covers projects requiring permits under major environmental laws including the Clean Air Act, Clean Water Act, Endangered Species Act, and natural gas and power generation statutes. The bill would apply to ongoing legal challenges and future permit applications, immediately affecting pending litigation and projects already in the approval pipeline.
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