Bill · S. 3305· Senate(119-S-3305)
CLEAR Act of 2025
- Introduced
- 12/2/2025
- Last activity
- 12/2/2025 — Read twice and referred to the Committee on the Judiciary.
- Sponsored by
- Tom Cotton
- Cosponsors
- None
- Introduced
- In Committee
What this bill would do
The CLEAR Act of 2025 aims to prevent repeat litigation regarding energy projects. It defines energy projects to include electric energy, fossil fuels, and critical minerals. Under this bill, once a legal action regarding an energy project is finally adjudicated, no further legal actions can be brought against that same project. This rule applies regardless of the parties involved or if the new claim challenges a different decision. The act also establishes specific standards for judicial review and sets strict timelines for filing legal actions.
Yes
Would business owners be better off under this?+5
The single action rule provides significant legal stability and cost certainty for energy project developers.
Does this make it easier to run a small business?+3
The bill provides legal certainty and reduces litigation risks for energy project sponsors.
Does this invest in rural communities?+2
Streamlining energy project litigation may accelerate the deployment of energy infrastructure in rural areas.
The opposite· 3 of 6
Does this better protect air, water and wildlife?-5
The bill limits the ability of the public to challenge energy projects through the court system, potentially reducing environmental oversight.
Does this protect the right to fair treatment by the courts?-4
The bill limits judicial review of agency actions to cases where agencies abuse substantial discretion, raising the bar for legal redress.
Does this make what the government does easier for the public to see?-3
The bill's restrictions on judicial review and strict filing requirements may reduce public accountability for agency decisions.
Who it would affect, and how
Potential Positive Impacts for People
-
Legal Certainty for Energy Projects: By implementing a single action rule, the bill ensures that once a court has made a final decision, no subsequent legal actions can be brought regarding that same energy project, regardless of the identity of the parties or the relief sought (Section 2(b)(2)).
-
Streamlined Judicial Review: The bill establishes that if a court finds a federal agency failed to meet procedural requirements, the authorization remains in effect while the agency corrects itself (Section 3(c)(2)).
-
Defined Timelines for Challenges: The law requires that legal actions be filed no later than 150 days after the final agency action is made public, which provides a clear window for seeking review (Section 3(d)(1)).
Potential Negative Impacts for People
-
Reduced Ability to Challenge Different Decisions: The single action rule prevents any subsequent legal action or claim involving any aspect of an energy project once one has been finally adjudicated, even if the new claim challenges a different agency decision related to the same project (Section 2(b)(2)(A)).
-
Higher Bar for Judicial Review: A court may only find that a federal agency failed to comply with procedural requirements if it determines the agency abused its substantial discretion (Section 3(a)).
-
Strict Requirements for Filing Claims: To bring a legal action after a public comment period, a party must have submitted a substantive and unique comment that was sufficiently detailed to put the agency on notice and demonstrate that the party would suffer direct harm (Section 3(d)(2)(A)).
-
Limited Scope for Court Intervention: Courts are required to defer to the federal agency and may not substitute their own judgment for the agency's regarding factual determinations or the scope of review (Section 3(b)).
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 Due Process-4Improves Government Transparency-3
- Economy And Finance
- Improves Small Business Support+3
- Environment Energy And Infrastructure
- Improves Rural Development+2Improves Environmental Protections-5
- Demographic And Interest Groups
- Good For Business Owners+5Good For Low Income Households-2Good For Urban Residents-2
- National Security And Foreign Policy
- Improves Veterans Benefits-1
- 12/2/2025
- Read twice and referred to the Committee on the Judiciary.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.