HR 8308: CERTAIN Act

HR 8308 in plain English: This bill is early in the legislative process and detailed text is not yet available. Sponsor: Rep. Peters, Scott H. [D-CA-50] (D) · Status: Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Stated purpose

The CERTAIN Act aims to set clear rules for when federal agencies can change or cancel project authorizations, speed up the review process for authorization applications, and define how courts can review agency actions related to those authorizations.

Arguments supporters make

• Businesses and project developers need certainty that approved permits won't be unexpectedly pulled, which encourages investment in American infrastructure.
• Setting firm deadlines for agency reviews cuts through bureaucratic delays that have stalled important energy and construction projects for years.
• Requiring agencies to back revocations with clear and convincing evidence protects permit holders from arbitrary or politically motivated government action.

Arguments opponents make

• Limiting when agencies can revoke authorizations could make it harder for the government to respond quickly to newly discovered environmental or public safety problems.
• Restricting agencies from seeking court vacatur without a permit holder's consent may prevent correction of permits that were improperly issued, reducing accountability.
• Strict timelines could pressure agencies to rush complex environmental and safety reviews, potentially leading to incomplete assessments of harm to communities or ecosystems.

Tradeoffs

The bill trades agency flexibility to revisit or revoke permits for greater predictability and speed for project developers, meaning stronger protections for permit holders may come at the cost of the government's ability to act on new environmental or safety concerns without facing high legal hurdles.

Current status in Congress: In committee.