H.R.1032 - RELIEF Act112th Congress (2011-2012)
Summary: H.R.1032 — 112th Congress (2011-2012)
Introduced in House (03/11/2011)
Removing Excess Litigation Involving Energy on Federal Lands Act or RELIEF Act - Requires all causes and claims that arise from a covered energy project to be filed within 60 days after a federal action or decision that constitutes the covered energy project concerned.
(Defines a covered energy project as a federal action or decision concerning the leasing of federal lands, including submerged lands, for the exploration, development, production, processing, or transmission of any source or form of energy, including actions and decisions regarding the selection or offering of federal lands for such leasing.)
Bars any cause or claim that is not filed within such time period. Requires all such proceedings to: (1) be resolved within 180 days after the cause or claim is filed, and (2) take precedence over other pending matters before the district court.
Confers exclusive appellate jurisdiction for such actions upon the U.S. Supreme Court.
Presumes the correctness of any administrative findings and conclusions relating to a challenged federal action under this Act unless the administrative record shows otherwise by clear and convincing evidence. Requires prospective relief to: (1) be narrowly drawn, (2) extend no further than necessary to correct the violation of a federal law requirement, and (3) be the least intrusive means necessary to correct the violation.
Requires a petitioner seeking judicial review of any action, or failure to act, under this Act who is not a prevailing party to pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred in connection with such review, unless the Court finds that the petitioner was either substantially justified or that special circumstances make an award unjust.