REPAIR Act of 2023

The REPAIR Act of 2023 sets new rules for how court challenges to federal project permits (authorizations) under many environmental laws are filed, handled, and resolved. It creates strict deadlines for lawsuits, limits when courts can stop a project, and establishes a mediation process to fix permit problems instead of letting lawsuits block projects for long periods.

Sec. 2, Definitions: Defines key terms used in the bill, including 'authorization' (any permit or approval needed for a project under listed environmental laws), 'project sponsor' (the entity seeking approval), and 'direct and tangible harm' (physical illness or economic loss directly caused by a project).

Sec. 3, Judicial review: Sets a 30-day deadline to sue after a final agency decision on a project permit. Courts must generally send a permit back to the agency for fixes (remand) rather than cancel it (vacate), unless there is an imminent danger to health or the environment. Only people who will suffer a direct and tangible harm not already analyzed can sue. If a court blocks a permit, the project sponsor and agency must enter a mediation process led by the Federal Permitting Improvement Steering Council to create a remediation plan, and the agency must reissue the permit within 15 days after the plan is done. Lawsuits must be filed in the court where the project is located. Courts are encouraged to randomly assign these cases to judges. The Council must track and publish cases not decided within 90 days.

Sec. 4, Judicial standing under NEPA: Adds a new section to the National Environmental Policy Act stating that NEPA reviews alone do not create a right to sue over a project permit.

Sec. 5, Alterations for offshore alternative energy: Expands the existing legal review rules for offshore oil and gas plans to also cover offshore wind and other renewable energy leases and plans under the Outer Continental Shelf Lands Act.