Next Decade's 2.8 bcf/d Rio Grande LNG, its associated 2.6 bcf/d Rio Bravo pipeline, and Glenfarne Group's 0.5 bcf/d Texas LNG (at the southern tip of TX on top map, and just above and to the right of center on lower map) have had their Federal Energy Regulatory Commission (FERC) approvals removed (vacated). The DC Circuit Court of Appeals has found flaws in FERC's approval process for the permits for the facilities that are of such "severity" that it felt it had no choice but to vacate the approvals completely, rather than just sending them back to the commission for further work.
Featured Articles
Tired of Waiting for You - U.S. LNG at a Standstill Waiting Out Construction, Regulatory, Legal Delays
Russia’s invasion of Ukraine and Europe’s subsequent pivot away from Russian natural gas caused a huge resurgence in interest in U.S. LNG. That led to nearly 60 MMtpa (7.9 Bcf/d) of new U.S. LNG capacity reaching a final investment decision (FID) in 2022-23. But regulatory delays at the Federal Energy Regulatory Commission (FERC), the Biden administration’s pause on non-free-trade-agreement (non-FTA) export licenses, and legal challenges to the FERC approval process have essentially halted LNG development in the U.S. There are several LNG projects with enough commercial momentum to move forward that are stuck in regulatory or legal limbo, but even projects that have reached FID are not safe from legal challenges. In today’s RBN blog, we conclude our series on LNG delays by looking at recent court rulings and other regulatory issues and their impact on U.S. LNG development.
Climb That Hill - A Steeper Path to Gas-Project Certification Following New FERC Policies
It ain’t easy being a midstreamer lately. Well, it’s probably never been easy, but these days trying to get a pipeline project to the finish line might feel a bit like Sisyphus from Greek mythology, forever pushing a boulder up a hill, filled with obstacles and setbacks. That hill has leaned ever-steeper in the past several years as turnover among FERC’s commissioners delayed project reviews, courts reversed a number of FERC approvals, and public opposition to pipeline projects increasingly delayed progress, even resulting in cancelations. And two weeks ago, the approval process was made tougher still when FERC announced new statements of policy regarding project certifications and greenhouse gas impact assessments. The proposed changes have caused a lot of anxiety among midstream companies, although in many ways FERC just declared as policy what was already happening on a case-by-case basis. But midstreamers shouldn’t panic. In today’s RBN blog, we explain the commission’s new guidance and how much impact it will really have.
We Gotta Get Out of This Place - Court Decision Helps Supply Access to LNG Export Facilities
Europe is trying to wean itself off Russian natural gas, and few things would help it more than an expansion of U.S. LNG export capacity. But LNG projects don't just need long-term commitments for their output, they also need pipelines to transport natural gas from the Marcellus/Utica and other distant production areas to their coastal liquefaction plants. And, in case you hadn't noticed, new interstate gas pipelines face a lot of hurdles during the regulatory review process these days — getting a pipeline approved is tougher than snagging a Saturday morning tee time. Which brings us to, of all things, an important court ruling. In today's RBN blog, we discuss the implications of the DC Circuit's decision in City of Oberlin v. FERC.