DOE Faces ‘Interesting Times’ as Court Rules on LNG Cases, Including Freeport’s

DOE Faces ‘Interesting Times’ as Court Rules on LNG Cases, Including Freeport’s

Mar 30, 2017

by Margarita Fournier; Copyright 2016 by Competitive Assets, LLC.  All rights reserved

On 3/28/17, SNL Energy reported that four cases – including Freeport LNG Development LP’s – that are “challenging LNG export orders issued by the U.S. Department of Energy could make for ‘interesting times,’ as a federal appeals court decides whether the agency had done enough to evaluate the far-reaching indirect impacts of increased LNG shipments from the U.S., a department official said.” The lawsuits were filed by the Sierra Club and, “[w]hile FERC was successful against Sierra Club’s challenge of their orders to construct and operate facilities, the court turned the lens onto us [DOE], and the current lawsuits that are before the court today [will] decide whether or not the Department of Energy has done enough to meet its [National Environmental Policy Act] and Natural Gas Act requirements,’” said a DOE representative at the 3/28/17 American Gas Association’s Natural Gas Roundtable in Washington, D.C. “‘Because of that, we’re very interested to receive the court’s opinion,’ he said. ‘Depending on the direction the court gives us, obviously, it could be interesting times in the LNG export program.’”

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