Committee approves Protect LNG Act to speed finality for approved export projects; Democrats object

The House Judiciary Committee advanced HR 3592, the Protect LNG Act, a bill intended to limit litigation delays for liquefied natural gas export facilities by channeling certain challenges to the district court where a facility is located, creating expedited schedules and, in some cases, limiting fees for plaintiffs.

Sponsor Representative John Hunt of Texas said the bill targets ‘‘frivolous litigation'' that stalls projects and thwarts job creation; the bill narrows venues for judicial review, requires expedited consideration and imposes time limits after permitting during which challenges may be filed. The sponsor said the metric was necessary to protect U.S. LNG competitiveness and jobs.

Democratic members objected vigorously, arguing the bill would strip communities of meaningful review and that narrowing review to particular venues would probably funnel many cases into the Fifth Circuit; Democrats characterized the proposal as a carve-out that exempts one industry from longstanding procedural protections such as the Administrative Procedure Act and the National Environmental Policy Act. Democrats also opposed language in some amendments that would limit the award of attorney's fees to plaintiffs in covered proceedings.

Committee Republicans adopted an amendment to bar fee awards to plaintiffs in certain covered proceedings and other technical clarifications; Democrats repeatedly argued the changes would thwart public participation and meaningful judicial review. The committee adopted the amended substitute and reported the bill favorably to the House on a recorded vote (transcript recorded 14 ayes and 9 noes).

Ending: The bill moves to the House floor for further consideration amid strong partisan disagreement; supporters cited expedited certainty and international competitiveness for U.S. LNG, while opponents said the bill weakens environmental and procedural safeguards for affected communities.