A federal court has halted the Biden administration’s pause on new approvals for natural gas exports. Judge James Cain, appointed by former President Trump in Louisiana, granted a request from Republican-led states to lift the pause while the litigation against it proceeds.
“The Court will grant Plaintiffs’ Motion for Preliminary Injunction and order that the LNG Export Ban be stayed in its entirety, effective immediately,” Cain wrote.
The Biden administration announced in January that it would pause approvals of new permissions to ship natural gas abroad to countries without free trade agreements with the U.S. This pause did not affect existing exports. The administration stated that the pause aimed to update the criteria for approving new gas export terminals, including revising considerations of environmental issues.
In his ruling, Cain said the states challenging the administration’s move are likely to succeed in their case and would suffer irreparable harm if the pause continues during the litigation.
“The Court is convinced that the Export Ban will and is irreparably harming the Plaintiff States. Plaintiff States have submitted evidence of harm specifically to Louisiana, Texas, and West Virginia in the loss of revenues, market share, and deprivation of a procedural right,” he wrote.
Those who opposed the pause welcomed the ruling.
“This is a big win for the country’s energy industry and the millions of jobs it supports against the attacks from the Biden administration to further its radical climate change agenda at the expense of our economy,” West Virginia Attorney General Patrick Morrisey (R), who is running for governor, said in a statement.
A spokesperson for the U.S. Department of Energy told The Hill, “The U.S. Department of Energy disagrees with today’s ruling. The Department continues to review the court’s order and evaluate next steps.”
The Biden administration’s move to halt new LNG export approvals had been supported by climate-focused organizations. Craig Segall, vice president of Evergreen Action, called Monday’s ruling “deeply misguided” but noted that it would not prevent the administration from updating its criteria for new exports.
“Pause or no pause, the science is clear: No sound analysis that accounts for the climate and environmental harm inflicted by LNG exports could possibly determine that these deadly facilities are in the public interest,” Segall said in a statement.
The pause also helped the administration avoid making potentially contentious decisions ahead of the November election.
Judge Cain’s decision came just days after a bipartisan panel of federal regulators approved a high-profile gas export facility called CP2, which would still need Biden administration approval to export gas to countries without free trade agreements with the U.S. The vast majority of U.S. gas exports are to countries without such agreements.
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