Curtailing Litigation Excess and Abuse Reform Act of 2025; CLEAR Act of 2025
Summary
The Curtailing Litigation Excess and Abuse Reform Act of 2025 (CLEAR Act) aims to limit repeat litigation involving energy projects. It seeks to expedite energy project development by precluding subsequent legal actions after a final adjudication and sets specific standards for judicial review. The bill also defines key terms like 'energy project,' 'authorization,' and 'legal action' to clarify its scope.
Expected Effects
The CLEAR Act could lead to faster completion of energy projects by reducing legal challenges. This could affect the balance between environmental concerns and energy development. It also potentially limits the ability of parties to challenge project authorizations in court.
Potential Benefits
- Faster development of energy infrastructure.
- Reduced legal costs for energy project sponsors and federal agencies.
- Increased certainty for investors in energy projects.
- Potentially lower energy costs due to increased supply.
- Streamlined regulatory processes for energy projects.
Potential Disadvantages
- Reduced opportunity for public input and legal challenges to energy projects.
- Potential for environmental damage due to expedited project approvals.
- Limited ability for landowners and communities to address unforeseen impacts.
- Weakened judicial oversight of agency decisions.
- Possible marginalization of community concerns in favor of energy development.
Constitutional Alignment
The Act's preclusion of repeat litigation and limitations on judicial review could raise concerns regarding due process under the Fifth Amendment. The Fifth Amendment ensures that no person shall be deprived of life, liberty, or property, without due process of law. The Act attempts to balance the need for efficient energy project development with the constitutional rights of individuals and entities potentially affected by such projects.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).