Sierra Club Responds to “Flawed” Industry Requests for Rehearing of LNG Pause

API and Commonwealth LNG Motions with DOE are “Procedurally Improper”
Contact

Shannon Van Hoesen, shannon.vanhoesen@sierraclub.org

Washington, DC - Today, Sierra Club and allies filed legal responses to American Petroleum Institute and Commonwealth LNG requests for rehearing of Department of Energy’s pause on review of new applications for methane gas exports, or LNG. The groups make clear that the industry requests “should be denied as procedurally improper because there is nothing to seek rehearing of.”

The environmental and consumer groups’ answers to the requests for rehearing explain that the pause on approvals of new LNG exports by DOE is not eligible for rehearing because there is no order or other final action from the agency. DOE “simply announced interim steps to update fact-finding necessary for its adjudication of individual, pending applications to export LNG to countries with which the U.S. does not have a free trade agreement (non-FTA countries).” 

In the legal answer, the groups requested the right to respond should the agency “entertain this flawed rehearing request” by industry. 

The Natural Resources Defense Council and Center for Biological Diversity joined Sierra Club in both responses; Public Citizen was an additional respondent to Commonwealth LNG’s request. 

In response, Sierra Club Staff Attorney Louisa Eberle issued to the following statement: 

“The industry has made it clear that it will always put its business interests ahead of those of the public. The requests for rehearing by API and Commonwealth are a desperate attempt by industry to continue to expand with no limits, despite the harm to the climate, people’s health and wallets, and our national security. DOE is doing the right thing by ensuring it has all the facts to make a proper public interest determination regarding gas exports. We will continue to challenge any flimsy and flawed legal rebuttal to this procedurally sound move by the Biden administration.” 

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About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.