Unleashing American Pipelines Act

(e) Judicial review of certain claims

(1) Reviewable claims

(A) In general. No court shall have jurisdiction of a claim with respect to the approval of an application for a certificate of public convenience and necessity under section 7 except for a claim under chapter 7 of title 5, United States Code, filed not later than 180 days after the date of such approval by—

(i) the applicant; or

(ii) a person who has suffered, or likely and imminently will suffer, direct and irreparable economic harm from the approval.

(B) Claims by certain non-applicants. An association may only bring a claim on behalf of one or more of its members pursuant to subparagraph (A)(ii) if each member of the association has suffered, or likely and imminently will suffer, the harm described in such subparagraph.

(2) Standard of review. If an applicant or other person brings a claim described in paragraph (1) with respect to the approval of the application described in such paragraph, the court shall hold unlawful and set aside any agency actions, findings, and conclusions in accordance with section 706(2) of title 5, United States Code, except that for purposes of the application of subparagraph (E) of such section, the court shall apply such subparagraph by substituting clear and convincing evidence for substantial evidence.

(3) Exclusive jurisdiction. Notwithstanding any other provision of this Act, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over any claim that an agency action related to an application described in paragraph (1) is beyond the scope of authority conferred by the Federal law under which such agency action is made.