May 22, 2025
Mr. Cruz (for himself, Mr. Cornyn, Mr. Wicker, and Mr. Scott of South Carolina) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
To address the effect of litigation on applications to export liquefied natural gas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Protect LNG Act of 2025
.
Sec. 2. Definitions
In this Act:
(1) Covered application
The term covered application
means an application for—
(A)
an authorization to export natural gas under section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)); or
(B)
an authorization to site, construct, expand, or operate a covered facility under section 3(e) of the Natural Gas Act (15 U.S.C. 717b(e)).
(2) Covered facility
The term covered facility
means a liquefied natural gas facility for which a proposal to site, construct, expand, or operate is required to be approved by—
(A)
the Secretary; and
(B)
(i)
the Federal Energy Regulatory Commission; or
(ii)
the Maritime Administration.
(3) Secretary
The term Secretary
means the Secretary of Energy.
Sec. 3. Effect of litigation on applications to export liquefied natural gas
(a) Effect of litigation
A civil action relating to an environmental review under the Natural Gas Act (15 U.S.C. 717 et seq.) or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a covered facility shall not affect the validity of a permit, license, or approval issued to the covered facility that is the subject of the civil action.
(b) Remand; processing of covered applications
If, in a civil action described in subsection (a), the environmental review for a permit, license, or approval issued to the covered facility that is the subject of the civil action is found by the applicable court to violate the Natural Gas Act (15 U.S.C. 717 et seq.) or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)—
(1)
notwithstanding chapter 5 or 7 of title 5, United States Code (commonly referred to as the Administrative Procedure Act
), the applicable court shall not set aside or vacate the permit, license, or approval issued to the covered facility but instead remand the matter to the relevant Federal agency to resolve the violation; and
(2)
the relevant Federal agency shall continue to process all covered applications.
Sec. 4. Action on covered applications
(a) Judicial review
Except for review in the Supreme Court of the United States, the court of appeals of the United States for the circuit in which a covered facility is, or will be, located pursuant to a covered application shall have original and exclusive jurisdiction over any civil action for the review of an order issued by a Federal agency with respect to the covered application.
(b) Expedited review
The applicable United States Court of Appeals under subsection (a) shall—
(1)
set any civil action brought under this subsection for expedited review; and
(2)
set the action on the docket as soon as practicable after the filing date of the initial pleading.
(c) Transfer of existing actions
In the case of a covered application for which a petition for review has been filed as of the date of enactment of this Act, the petition shall be—
(1)
on a motion by the applicant, transferred to the court of appeals of the United States in which the covered facility that is the subject of the covered application is, or will be, located; and
(2)
adjudicated in accordance with this section.
(d) Limitation on claims
Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal agency for a covered facility pursuant to a covered application shall be barred unless the claim is filed not later than 90 days after publication of a notice in the Federal Register announcing that the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed.
(e) Savings clause
Nothing in this section establishes a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval.