Under this amendment, a single certification from the Secretary of Defense unlocks sweeping legal protections for fossil fuel projects. States and local governments cannot interfere. Courts are told to presume that delaying this project harms national security under Secretary's word alone. And we know what that means. Check. Challengers cannot dispute the Secretary's determination. And developers receive procedural advantages that no other litigant enjoys, including the ability to essentially choose which federal court will hear a challenge. (08:18–08:28)
CLAIM
Asserts that the amendment instructs courts to assume project delays harm national security based on the Secretary's determination.
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