Protect American AI Act of 2026

Summary

Prevents federal courts from invalidating (vacating) permits, licenses, or approvals for data centers and supporting infrastructure when environmental reviews are challenged; instead courts must remand the review to the agency while the permit remains in effect. It also assigns exclusive original appellate jurisdiction to the U.S. Court of Appeals for the circuit where the project is or will be located, requires expedited handling, allows transfer of certain pending cases, and imposes a 90‑day deadline for filing federal-law challenges after the agency action is published as final.

• Creates legal definitions for "data center," "covered infrastructure," and "covered application."
• Requires courts to remand environmental-review disputes for covered projects instead of vacating permits, so permits remain valid during remand.
• Directs exclusive original jurisdiction to the U.S. Court of Appeals in the circuit where the project is/will be located and mandates expedited review.
• Allows parties with existing petitions to seek transfer into the local circuit court for adjudication under the law.
• Imposes a 90-day filing deadline for federal-law challenges after final agency action is published in the Federal Register.
• Requires agencies to continue processing applications for covered projects notwithstanding the Administrative Procedure Act.
• Does not create a new right to judicial review and does not stop enforcement claims alleging permit violations.
• Applies to challenges under NEPA and major environmental statutes like the Clean Air Act, Clean Water Act, and Endangered Species Act.