Bill Summary
The "Protect LNG Act of 2025" aims to streamline the process for exporting liquefied natural gas (LNG) by minimizing the impact of litigation on related applications and approvals. Key components of the legislation include:
1. **Definitions**: It defines terms such as "covered application" (which includes applications for exporting natural gas and for the construction or operation of LNG facilities) and "covered facility" (LNG facilities requiring federal approval).
2. **Effect of Litigation**: The Act stipulates that legal actions concerning environmental reviews will not invalidate permits or approvals for covered facilities. If a court finds a violation in the environmental review, it will not overturn the permit but will remand the issue back to the relevant federal agency for resolution.
3. **Judicial Review**: The Act grants exclusive jurisdiction to the U.S. Court of Appeals in the circuit where the facility is located for civil actions related to covered applications. It mandates expedited review of these cases and sets specific time limits for filing judicial reviews (90 days after final approval notice).
4. **Transfer of Existing Actions**: Ongoing legal actions related to covered applications as of the Act's enactment will be transferred to the appropriate appellate court for adjudication.
The legislation is designed to facilitate the timely processing of LNG export applications and reduce delays caused by litigation, thereby supporting the energy sector and related economic activities.
Possible Impacts
The "Protect LNG Act of 2025" could affect people in the following ways:
1. **Impact on Communities Near LNG Facilities**: Individuals living near proposed liquefied natural gas (LNG) facilities may experience changes in their environment or community dynamics. By limiting the influence of litigation on the approval process for these facilities, the Act could expedite construction and operation, potentially leading to increased traffic, industrial activity, and environmental changes. Communities may feel that their concerns regarding environmental impacts are not adequately addressed due to the expedited nature of the approval process.
2. **Economic Opportunities and Job Creation**: The legislation could lead to faster approvals of LNG export facilities, which may create job opportunities in the construction and operation of these facilities. Local economies might benefit from the influx of jobs and increased business for local suppliers and service providers. However, the benefits may be unevenly distributed, with some community members gaining employment while others may be adversely affected by environmental changes.
3. **Limitation on Legal Recourse**: The Act imposes strict limitations on the ability of individuals or organizations to challenge permits and approvals through judicial review. This could mean that environmental advocacy groups and concerned citizens have reduced legal avenues to contest the establishment or expansion of LNG facilities. As a result, some people may feel disenfranchised or powerless to protect their environment, health, and property rights, leading to potential conflicts within communities over energy development decisions.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1901 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1901
To address the effect of litigation on applications to export liquefied
natural gas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2025
Mr. Cruz (for himself, Mr. Cornyn, Mr. Wicker, and Mr. Scott of South
Carolina) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To address the effect of litigation on applications to export liquefied
natural gas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect LNG Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered application.--The term ``covered application''
means an application for--
(A) an authorization to export natural gas under
section 3(a) of the Natural Gas Act (15 U.S.C.
717b(a)); or
(B) an authorization to site, construct, expand, or
operate a covered facility under section 3(e) of the
Natural Gas Act (15 U.S.C. 717b(e)).
(2) Covered facility.--The term ``covered facility'' means
a liquefied natural gas facility for which a proposal to site,
construct, expand, or operate is required to be approved by--
(A) the Secretary; and
(B)(i) the Federal Energy Regulatory Commission; or
(ii) the Maritime Administration.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. EFFECT OF LITIGATION ON APPLICATIONS TO EXPORT LIQUEFIED
NATURAL GAS.
(a) Effect of Litigation.--A civil action relating to an
environmental review under the Natural Gas Act (15 U.S.C. 717 et seq.)
or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to a covered facility shall not affect the validity
of a permit, license, or approval issued to the covered facility that
is the subject of the civil action.
(b) Remand; Processing of Covered Applications.--If, in a civil
action described in subsection (a), the environmental review for a
permit, license, or approval issued to the covered facility that is the
subject of the civil action is found by the applicable court to violate
the Natural Gas Act (15 U.S.C. 717 et seq.) or the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)--
(1) notwithstanding chapter 5 or 7 of title 5, United
States Code (commonly referred to as the ``Administrative
Procedure Act''), the applicable 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; and
(2) the relevant Federal agency shall continue to process
all covered applications.
SEC. 4. ACTION ON COVERED APPLICATIONS.
(a) Judicial Review.--Except for review in the Supreme Court of the
United States, the court of appeals of the United States for the
circuit in which a covered facility is, or will be, located pursuant to
a covered application shall have original and exclusive jurisdiction
over any civil action for the review of an order issued by a Federal
agency with respect to the covered application.
(b) Expedited Review.--The applicable United States Court of
Appeals under subsection (a) shall--
(1) set any civil action brought under this subsection for
expedited review; and
(2) set the action on the docket as soon as practicable
after the filing date of the initial pleading.
(c) Transfer of Existing Actions.--In the case of a covered
application for which a petition for review has been filed as of the
date of enactment of this Act, the petition shall be--
(1) on a motion by the applicant, transferred to the court
of appeals of the United States in which the covered facility
that is the subject of the covered application is, or will be,
located; and
(2) adjudicated in accordance with this section.
(d) Limitation on Claims.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review of a
permit, license, or approval issued by a Federal agency for a covered
facility pursuant to a covered application shall be barred unless the
claim is filed not later than 90 days after publication of a notice in
the Federal Register announcing that the permit, license, or approval
is final pursuant to the law under which the agency action is taken,
unless a shorter time is specified in the Federal law pursuant to which
judicial review is allowed.
(e) Savings Clause.--Nothing in this section establishes a right to
judicial review or places any limit on filing a claim that a person has
violated the terms of a permit, license, or approval.
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