Adds comments from project developers.
A US appeals court has amended a ruling that would have thrown out the federal authorizations for two LNG export terminals in Texas, after finding procedural missteps were not enough to justify throwing the projects into "disarray".
The revised ruling today from the US Court of Appeals for the DC Circuit is a victory for the developers of the proposed Texas LNG and Rio Grande LNG terminals, who had said that the potential "vacatur" of their US Federal Energy Regulatory Commission (FERC) permits could threaten their ability to obtaining financing and complete the projects. Rio Grande LNG had previously said losing its federal authorization was so disruptive it could create a "death spiral" for the project and threaten thousands of jobs.
US LNG developer NextDecade, which is developing the 27mn metric tonne (t)/yr Rio Grande LNG project in south Texas near Brownsville, said the amended ruling will ensure construction "will not be impacted by the court" and was an "excellent outcome". The company is already planning an expansion of the project.
US infrastructure developer Glenfarne is developing the 4mn t/yr Texas LNG project, also to be located near Brownsville. The company said the revised ruling "only strengthens our confidence as we advanced toward" a final investment decision, which it has been expecting to reach before the end of the year.
In a ruling last summer, the DC Circuit had said it would vacate FERC's authorizations of both projects. The court said FERC had violated the law when it restricted public comment on an expanded environmental review, and had also failed to adequately scrutinize a proposal by Rio Grande LNG to add carbon capture technology onto the project.
But the court today, in response to requests for rehearing by the projects' developers, said although it still believes FERC's decisions were "unjustifiable", those missteps should not cause consequences such as the two projects potentially losing their ability to obtain financing, upending their planned construction schedules, and threatening thousands of jobs.
"The Commission's procedural missteps, though important, are not so fundamental as to justify throwing the projects and those reliant upon them into disarray," the court said.
The court, in its revised ruling, said it would instead remand the project authorizations back to FERC to address its concerns. FERC has already started work to respond to the court's decision and is expected to complete that work by the end of the year.