Bill · H.R. 10302· House(119-HR-10302)
Certainty in Litigation for Electric Asset Reliability (CLEAR) Act of 2026
- Introduced
- 9/4/2026
- Last activity
- 9/4/2026 — Referred to the House Committee on Energy and Commerce.
- Sponsored by
- Scott Peters
- Cosponsors
- - 0 - 1
- Introduced
- In Committee
What this bill would do
This bill, known as the ``Certainty in Litigation for Electric Asset Reliability (CLEAR) Act of 2026'', seeks to amend the Federal Power Act. It focuses on the coordination of Federal authorizations for transmission facilities. The bill changes the language regarding the siting and construction of these facilities. It also establishes the Commission as the lead agency for certain permitted facilities. Additionally, it requires agencies to publish final actions in the Federal Register and encourages the creation of a consolidated record for review and permit decisions. Finally, it modifies the process for rehearing and judicial review of Federal authorizations.
Yes· 3 of 5
Does this make what the government does easier for the public to see?+4
The requirement to publish final agency actions in the Federal Register increases public transparency regarding federal decisions.
Does this give the federal government more power?+3
The bill centralizes authority by designating the Commission as the lead agency for certain permitting processes.
Would business owners be better off under this?+3
Streamlined permitting processes can reduce regulatory uncertainty and costs for energy infrastructure businesses.
The opposite· 3 of 6
Does this protect the right to fair treatment by the courts?-4
By restricting judicial review and rehearing opportunities, the bill limits the legal due process available to challenge federal authorizations.
Does this better protect air, water and wildlife?-3
The bill restricts judicial review and limits the avenues through which legal challenges to transmission projects can be pursued.
Does this leave more decisions to the states?-2
The streamlining of federal authorizations may reduce the influence of local and state-level input on transmission siting.
Who it would affect, and how
Potential Positive Impacts for People
-
Increased Transparency: The head of each Federal agency with authority to issue a Federal authorization must publish final agency actions in the Federal Register (Section 2, paragraph 10). This ensures that people are informed of final decisions made by these agencies.
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Streamlined Record Keeping: The Secretary is tasked with consolidating all records relating to review and permit decisions into a single joint record of decision for transmission facilities where practicable (Section 2, paragraph 11). This could make the documentation process more efficient for these projects.
Potential Negative Impacts for People
-
Restricted Legal Challenges: Under the new rules, a person may obtain rehearing and judicial review of a Federal authorization only under section 313 of the Federal Power Act (Section 2, paragraph 12(C)). This limits the ways in which people can challenge an approval of a Federal authorization, regardless of other provisions of law.
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Changes to Judicial Review Standards: The bill dictates that each approval of a Federal authorization is deemed to be an order issued by the Commission for judicial review purposes (Section 2, paragraph 12(A)). This shifts how these approvals are treated during legal proceedings.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Governance And Ideology
- Improves Government Transparency+4Increases Federal Power+3Improves Interstate Commerce+2Improves Due Process-4Increase States Rights-2
- Demographic And Interest Groups
- Good For Business Owners+3Good For Native Americans-2Good For Farmers-1Good For Rural Residents-1
- Environment Energy And Infrastructure
- Increases Renewable Energy Investment+2Improves Environmental Protections-3
- 9/4/2026
- Referred to the House Committee on Energy and Commerce.
- 1 Cosponsor added.
- Introduced in House
Gabe EvansRepublican · Colorado