Lee Introduces Legislation to End Forced Administrative Litigation

WASHINGTON – Senator Mike Lee (R-Utah), Chairman of the Senate Committee on Energy and Natural Resources, alongside Senators John Barrasso (R-WY), Cynthia Lummis (R-WY), Rick Scott (R-FL), and Tom Cotton (R-AR), introduced the Free to Exit Administrative Tribunals Act (FEAT) Act, to give Americans and businesses the option to take certain disputes with the Department of the Interior directly to federal court.
The bill comes in response to the Supreme Court's 2024 decision in SEC v. Jarkesy, which held that many agency adjudications imposing civil penalties violate the Seventh Amendment's guarantee of a jury trial.

"Americans should not be forced to navigate administrative tribunals for years before they can have their day in court," said Chairman Lee. "The Supreme Court made clear in Jarkesy that the Constitution protects the right to a jury trial when the government seeks to impose penalties. This bill restores that right and gives citizens and businesses a faster path to justice."

“In Wyoming, decisions about grazing permits, mineral leases and energy projects can make or break a family operation, yet appeals are often stuck in agency tribunals for years," said Senator Lummis. "Our bill gives people the choice to bring their case before an independent federal judge from the start, rather than at the end of a long administrative road. Faster answers mean more certainty for the people who live and work on our public lands."

Under current law, many disputes before the Department of the Interior's Office of Hearings and Appeals must first proceed through administrative law judges and agency appeals boards before reaching federal court. That process can take years, even when judicial review is inevitable.

The FEAT Act allows parties involved in certain proceedings before the Department of the Interior to remove their cases directly to federal district court within 60 days of the action being initiated.

Background:

• Allows applicants challenging Department of the Interior decisions regarding permits and approvals to remove their cases directly to federal district court.
• Allows individuals and businesses facing Department-imposed sanctions or civil penalties to seek immediate review in federal court.
• Provides access to a jury trial where constitutionally required.
• Eliminates unnecessary delays and duplicative administrative proceedings by allowing parties to bypass agency tribunals and proceed directly to an independent court.

 
The legislation applies to proceedings adjudicated by the Departmental Cases Hearings Division and the Interior Board of Land Appeals within the Department of the Interior's Office of Hearings and Appeals.

One-pager | Bill text

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