This week’s ruling was the latest twist since cities and groups in Texas’ Rio Grande Valley sued to block the projects.
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“Although we do not take this step lightly, the circumstances here require it,” the ruling said. “We appreciate the significant disruption vacatur may cause the projects. But that does not outweigh the seriousness of the Commission’s procedural defects.” The company added that construction continues on the first three liquefaction trains and related infrastructure at Rio Grande LNG near Brownsville and it will examine what impact the court’s order will have on future plans for added infrastructure.A spokesperson for Texas LNG, a smaller, adjacent project on the Brownsville Ship Channel that is yet to secure sufficient funding, said the ruling was a procedural decision to correct a technical deficiency, which they were still studying.
“I’m glad they made the decision that they made, because that decision says a lot about what is lacking in this process of permitting,” he said. The first time, in August 2021, the court ruled FERC failed to assess impacts of the projects’ enormous greenhouse gas emissions and had picked an arbitrary two-mile radius within which to conduct its environmental justice analysis. The court also said the projects modeled their air pollution using data from a faraway air monitor in Brownsville instead of the closer Isla Blanca monitor, and asked the commission to reconsider its finding that the projects were in the public interest.
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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