In an about-face Tuesday, a federal appeals court reinstated approvals for two liquefied natural gas export terminals in South Texas.
The decision is a win for developers of the neighboring projects — Rio Grande LNG and Texas LNG — that had asked the U.S. Court of Appeals for the District of Columbia Circuit to reconsider its ruling last year axing the Federal Energy Regulatory Commission authorizations.
On reexamination, the D.C. Circuit found that the deficiencies with FERC’s National Environmental Policy Act review for the projects did not outweigh the harm caused by scrapping the approvals. FERC must still continue its supplemental NEPA review for the planned terminals in the Port of Brownsville.
“Unnecessary delays in putting these projects into service could have industry-wide effects; just one of the terminals is projected to supply liquefied natural gas equal to approximately 6% of current global demand when completed,” said Judge Brad Garcia, a Biden pick who wrote the opinion for the court.
