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Border Report – Texas senators file bill to prevent courts from revoking LNG permits

Posted on September 27, 2024

McALLEN, Texas (Border Report) — After recent court rulings overturning federal authorization permits for liquified natural gas projects on the South Texas border, two Texas senators have filed legislation that would prevent courts from revoking permits.


Cruz asks feds to appeal ruling against LNG project

Republican U.S. Sens. Ted Cruz and John Cornyn on Friday announced they have filed the Protect LNG Act of 2024. If passed, it would ensure that courts cannot vacate previously authorized LNG permits issued by the Federal Energy Regulatory Commission.

A “court shall not set aside or vacate the permit, license, or approval issued to the covered facility but instead remand the matter to the relevant federal agency to resolve the violation,” the bill says. Exceptions are made for rulings by the U.S. Supreme Court.

The legislation also mandates that courts grant expedited decisions in relevant cases.

This would help to maintain Texas’ “energy dominance,” Cornyn said.

“This legislation will help crack down on frivolous lawsuits by left-wing climate activists who seek to weaponize our courts and threaten American energy,” Cornyn said in a statement.


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“Texas energy producers have made the United States the largest exporter of liquefied natural gas (LNG) in the world and have created jobs for thousands of Texans. However, fringe environmental groups and politicized courts are threatening those successes, and in the process endangering the development of energy projects across the United States. The Protect LNG Act protects energy producers from these attacks,” Cruz said in a statement.

Cruz earlier this week sent a letter urging FERC Chairman Willie Phillips to push back on a recent U.S. Court of Appeals ruling in Washington, D.C., that vacated previously issued permits for the building of an LNG export terminal and pipeline in Brownsville, Texas.

FERC earlier this year approved the permits but on Aug. 6, the D.C. Court of Appeals ruled to cancel the approvals for the two LNG export terminals, as well as construction of a pipeline to carry the natural gas to the Port of Brownsville.


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The courts said not enough study has been conducted on how the projects could affect local communities, wildlife and the environment.

Cruz says up to 7,000 jobs could be lost in the Rio Grande by the halting of these projects. And he says it jeopardizes $24 billion in investments, including the dredging of the Brownsville shipping channel, which was being deepened to 52 feet for bigger ships carrying LNG exports to pass.

Sandra Sanchez can be reached at SSanchez@BorderReport.com.

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