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House committee shortens window for environmental challenges; attorney‑fee ban draws concerns
Summary
HB1979 would shorten judicial filing windows for challenges to environmental assessments and impact statements for affordable housing and clean energy projects and would bar courts from awarding attorney's fees in covered cases. Supporters say the change prevents delay that may kill projects; opponents including Earthjustice warned the fee ban could deter meritorious suits.
On Feb. 13 the House Housing Committee debated HB1979, a measure to shorten the period in which judicial challenges to environmental assessments (EAs) and environmental impact statements (EISs) can be filed for projects proposing affordable housing or clean energy. Mary Alice Evans of the Office of Planning and Sustainable Development said a 30‑day window would give developers more certainty and reduce delay that can render projects financially infeasible: "The environmental review process is a disclosure process...we limit the window when they can file to 30 days," she told the committee.
Supporters' rationale: Proponents — including developers and some utilities — said protracted litigation timelines frequently add costs or kill projects that rely on narrow funding windows. An Avalon Development representative said drawn‑out challenges can decide outcomes by delay rather than merit and that the bill would encourage challenges to be raised earlier when they can be meaningfully addressed.
Opposition and attorney‑fee provision: Earthjustice and others opposed parts of the bill, particularly a provision that would prohibit courts from awarding attorney's fees in covered cases. An Earthjustice witness warned that fee‑shifting serves as an important remedy for successful plaintiffs and that banning fees could discourage legitimate challenges in cases where agencies violated environmental law.
Committee action: The committee passed HB1979 with amendments and asked staff to add a preamble explaining the policy rationale and to note concerns around attorney‑fee restrictions for referral to the Judiciary Committee. The vote recorded reservations from several members.
