Mar 22, 2024 - Energy & Climate

Red states sue to end Biden's LNG permit pause

Ben Geman

Illustration of a pattern of elephants holding gavels with their trunks. — Illustration: Shoshana Gordon/Axios

Fresh litigation marks the next phase in the fight over President Biden's pause on new liquefied natural gas export licenses.

Why it matters: A complaint from 16 states asks a Louisiana federal district court for a preliminary injunction that would resume consideration of permits.

The big picture: In a filing Thursday, GOP attorneys general from Texas, Louisiana and other states argued the pause violates administrative procedure law and the Natural Gas Act governing exports.

They also claim it runs afoul of a 2022 Supreme Court holding that agencies need clear congressional blessing to regulate on "major questions."

Friction point: Louisiana AG Liz Murrill, in a statement, called the pause part of "attacks" on U.S. energy that "jeopardizes" thousands of jobs and millions in tax revenue.

Catch up quick: Biden officials in January froze new permitting to study the economic and climate effects of the U.S. export surge.

But officials emphasize that U.S. exports — already the world's largest — will keep soaring this decade, via projects already approved and under construction.
DOE did not provide comment on the new case.

The bottom line: An intense political and lobbying fight is now a legal one too.

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Red states sue to end Biden's LNG permit pause

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