Central Louisiana News

U.S. Senators Bill Cassidy, Ted Cruz, and U.S. Representative Dan Crenshaw, along with other colleagues, have submitted an amicus brief to the U.S. Court of Appeals for the D.C. Circuit concerning the case City of Port Isabel v. Federal Energy Regulatory Commission (FERC). The brief requests a rehearing or a rehearing en banc to ensure proper interpretation and application of the Natural Gas Act by federal courts.

The members emphasized that "in the Natural Gas Act (NGA), Congress said that building LNG facilities is strongly in the public interest of the United States." They noted that NGA Section 3 establishes a "general presumption favoring authorization" of LNG facilities and stated that FERC must approve applications to export natural gas unless it finds them inconsistent with public interest after a hearing.

They argued that "the Commission’s job is to approve LNG facilities unless they are clearly 'not . . . consistent' with the public interest," criticizing any judicial overreach into FERC's responsibilities by prioritizing environmental concerns over LNG facility construction.

In their statement, they highlighted FERC's adherence to congressional directives: "In this case, the federal regulators at FERC did what Congress asked them to do: they considered and explained the environmental effects of their decision to fulfill the public interest."

The brief also addressed economic and security aspects, stating, "Building LNG facilities is in the public interest, sometimes irrebuttably so," stressing its importance for domestic economic growth and national security.

Joining Cassidy, Cruz, and Crenshaw on this amicus brief are Senators John Cornyn, John Barrasso, John Kennedy, Dan Sullivan; Representatives Steve Scalise, Brian Babin, Michael C. Burgess, Henry Cuellar, Vicente Gonzalez, Wesley Hunt, August Pfluger, and Randy Weber.