Protect LNG Act of 2025
The Protect LNG Act of 2025 aims to shield certain liquefied natural gas (LNG) export projects from the disruption of environmental litigation. It defines a set of “covered” applications and facilities (primarily LNG facilities that require approval from the Secretary of Energy and either the Federal Energy Regulatory Commission or the Maritime Administration). Under the bill, civil lawsuits challenging environmental reviews related to these covered facilities would not invalidate the permits already issued. If a court finds a violation in the environmental review, it would remand the matter to the federal agency to fix the violation rather than vacating the permit, and the agency would continue processing all covered applications. The bill also centralizes and expedites appellate review of these challenges, shifting jurisdiction to the relevant circuit court with a mandate for expedited handling, and imposes a 90-day filing deadline for related federal-law claims after a final permit notice. A savings clause preserves other rights to sue for permit violations outside the environmental-review context.
Key Points
- 1Covered applications and facilities: Defines covered applications as export authorizations under the Natural Gas Act or approvals to site, construct, expand, or operate a covered facility, with covered facilities requiring approval by the Secretary of Energy and either FERC or MARAD.
- 2Permits stay in effect during litigation: Civil actions challenging environmental reviews do not invalidate permits already issued for covered facilities.
- 3Remand rather than vacatur: If a court finds a violation in the environmental review, the court remands the matter to the federal agency to resolve the violation; the agency continues processing all covered applications.
- 4Expedited, centralized appellate review: Appeals for reviews of agency orders related to covered applications go to the circuit court where the facility is located, with expedited handling and prompt docketing.
- 5Filing deadline for challenges: Establishes a 90-day (or shorter where federal law provides) deadline to file claims challenging final permits or approvals, after a Federal Register notice announcing final action.
- 6Savings clause: Keeps existing rights to sue over permit terms that are not tied to the environmental-review process.