42 U.S.C. § 4370m–6 — Litigation, judicial review, and savings provision

(a) Claims. A Federal-law claim seeking review of a Federal authorization^* for a covered project^* is barred unless it is filed within two years after Federal Register publication of final agency^* action, or within a shorter period required by the underlying law. For NEPA^* claims, the claimant must have commented during review and must have made the issue sufficiently detailed to alert the lead agency^*, unless the agency gave no reasonable chance to comment. Agencies must consider later information when NEPA regulations require it. A required supplemental EIS or document is a separate final action, with a new two-year period from its final-action notice unless a shorter law applies. This subsection creates no judicial-review right and does not limit claims that an authorization’s terms were violated.

(b) Injunctions. In deciding a temporary restraining order or preliminary injunction against an agency or sponsor concerning review or authorization, the court must consider effects on public health, safety, and the environment and the possibility of significant job losses, and may not presume those harms can be repaired.

(c) Review. Except as subsection (a) provides, this subchapter does not change reviewability of final Federal agency action in a competent court.

(d) Savings. This subchapter does not supersede, amend, or change a Federal statute or an officer’s duty to comply with or enforce one, and does not presume that an agency will approve or favorably review a covered project^*.

(e) Limits. This subchapter does not preempt, limit, or interfere with public-comment practices^*, or with the powers, jurisdiction, responsibilities, or authority of Federal, State^*, or local agencies, metropolitan planning organizations, Indian Tribes, or sponsors concerning a project or other applicable law.