Federal court orders regulators to fix process, reconsider gas export projects in South Texas

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Federal court orders regulators to fix process, reconsider gas export projects in South Texas
FercUs Court Of Appeals In WashingtonFederal Energy Regulatory Commission
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McALLEN — A federal court struck down a regulatory agency’s authorization of two controversial, multi-billion-dollar gas export projects in far South Texas, one of which is already under construction. The ruling orders federal regulators to correct procedural deficiencies before reconsidering authorization of the projects for a third time.

This week’s ruling was the latest twist since cities and groups in Texas’ Rio Grande Valley sued to block the projects.This week’s ruling was the latest twist since cities and groups in Texas’ Rio Grande Valley sued to block the projects.

The court wrote that FERC failed in its analyses of environmental justice and climate impacts, air pollution modeling and procedural obligations. FERC and the developers now have 45 days to seek a re-hearing. Mancias said Tuesday’s ruling made him proud to be Carrizo/Comecrudo and felt it gave the tribe a say in what happened to the land.

Juan Mancias, tribal chair of the Carrizo Comecrudo Tribe of Texas, holds a sign in front of the gates leading to the site where NextDecade's Rio Grande LNG has begun preparing land for a LNG terminal near Port Isabel, on April 1, 2023.Tuesday’s ruling was the second time the court struck down FERC’s authorization of these projects in response to petitions from local groups supported by nonprofit environmental lawyers at the Sierra Club.

It wrote that FERC failed to issue written statements of its updated environmental justice analysis, to conduct a review of Rio Grande LNG’s carbon capture project or to make those documents available for a public comment period as required by law. It did, however, submit them for comment to the LNG companies.

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