Cadwalader attorneys examined decisions by the U.S. Court of Appeals for the District of Columbia Circuit rejecting two related challenges to the Federal Energy Regulatory Commission's environmental review of the Sabine Pass LNG and Freeport LNG applications to place, construct and operate liquefied natural gas ("LNG") export facilities under Section 3 of the Natural Gas Act. The first decision, Sierra Club v. FERC, addressed a challenge to FERC's 2014 order amending the maximum production capacity of Sabine Pass LNG's existing LNG export facilities, which initially were approved in a separate proceeding in 2012. The second decision, Sierra Club and Galveston Baykeeper v. FERC, involved FERC's order approving Freeport LNG's application to add export and liquefaction facilities to its existing import terminals.
Click here to view the Cadwalader memorandum authored by Mark Haskell, Thomas Millar, Lamiya Rahman and Brett Snyder.
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