Limited Legal Challenge Available Against the Pause

Biden’s LNG Exports Pause Leans on Broad Public Interest Statute (Bloomberg Law)

Daniel Moore (Jan. 30): The Biden administration’s decision to pause new natural gas export approvals is based on a broad public interest determination. This decision, which is under scrutiny for its climate impacts, may face legal challenges depending on how far energy officials go to hamper specific projects. The pause only applies to proposed facilities seeking export authorizations. Legal experts suggest that developers of USLNG facilities may find limited legal options to challenge the White House’s decision. The Natural Gas Act requires the energy secretary to approve export applications unless they are not consistent with the public interest. The question now is how far the DOE should go in evaluating impacts. Link to Content