5th Circuit nixes lawsuit over LNG terminal air permits

By Sean Reilly | 04/30/2024 01:22 PM EDT

Commonwealth LNG in Louisiana is caught in an Energy Department freeze on new gas export authorizations.

A rendering of the Commonwealth LNG Project

A rendering of the Commonwealth LNG project. Commonwealth LNG project

This story was updated at 5 p.m. EDT.

A federal appeals court has unanimously upheld Louisiana’s approval of air permits for a planned liquefied natural gas export terminal on the state’s southwest coast.

In an opinion released Monday, a three-judge panel of the 5th U.S. Circuit Court of Appeals threw out a Sierra Club lawsuit contesting the Louisiana Department of Environmental Quality’s decision to grant both pre-construction and operating permits for the Commonwealth LNG project.

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Judge Kurt Engelhardt, a Trump appointee, wrote that the agency had “satisfied its public trustee duty.”

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