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Construction of Cameron County LNG projects continue despite loss of federal approval

By: Christian von Preysing

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Construction continued Wednesday along Highway 48 after a D.C. appeals court revoked approvals for the construction of two liquefied natural export facilities and a pipeline.

The Monday ruling says the permits granted by the Federal Energy Regulatory Commission contained "flaws," as the research conducted didn't use a nearby air quality monitoring station, and didn't consider all impacts of CO2 emissions to nearby communities.

PREVIOUS STORY: D.C. Circuit Court rules against federal approval of South Texas LNG projects

Jared Hockema, city manager of Port Isabel, said the city was opposed to the LNG projects from the start.

“They still did not take proper account of what the air quality impacts of this project would be, nor did they take into account what impacts on environmental justice communities — including low income communities, people of color communities – in this area would be,” Hockema said.

The decision means the permits renewed in 2023 are vacated and would need to be redone.

McAllen attorney Omar Ochoa, who is not affiliated with the case, said this follows other recent decisions by the D.C. court against FERC.

“Asking the judges to re-review this again, that could be something that happens within the next couple of months, “Ochoa said. “If it's an appeal to the United States Supreme Court, that could take up to a year."

Ochoa says if an appeal fails, FERC permits will need to be redone.

“If this did go back to the drawing board, it would probably be another few years before this project would be back on track,” Ochoa said.

NextDecade, LNG LLC, the parent company of the Rio Grande LNG project, issued a statement to Channel 5 News on Wednesday.

“NextDecade is disappointed in the court's decision and disagrees with its conclusions,” the statement reads. “The company is reviewing the court's decision and assessing all of its options. At this time, construction continues on the first three liquefaction trains and related infrastructure..."

Texas LNG issued the following statement:

“We are studying the opinion, which is a procedural decision to correct a technical deficiency. We have full confidence FERC will address this matter judiciously and efficiently and look forward to working with them on this important issue."

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