Response to Petition for Rulemaking Regarding Natural Gas Export Policy from Sierra Club et al.

Response to Petition for Rulemaking Regarding Natural Gas Export Policy from Sierra Club et al.

Office of Fossil Energy and Carbon Management

July 18, 2023
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On April 8, 2013, Sierra Club, Center for Biological Diversity, Delaware Riverkeeper Network, Friends of the Earth, and Environment America (Petitioners) filed a Petition for Rulemaking Regarding Natural Gas Export Policy (Rulemaking Petition), followed by a reminder letter submitted to DOE on October 27, 2022.  In the Rulemaking Petition, Petitioners asked DOE to promulgate new regulations or guidance defining the process by which DOE will consider applications to export LNG to non-free trade agreement countries under section 3 of the Natural Gas Act. 

On March 13, 2023, Petitioners filed a Petition for Writ of Mandamus in the U.S. Court of Appeals for the District of Columbia Circuit, asking the Court to issue a writ of mandamus compelling DOE to issue an order that grants or denies the Rulemaking Petition.  On July 18, 2023, DOE issued an order denying the Rulemaking Petition.  These and related documents are set forth below.

DATE DESCRIPTION OF DOCUMENT
04/08/2013 Sierra Club, et al., Petition for Rulemaking Regarding Natural Gas Export Policy
10/27/2022 Sierra Club et al., Letter to Secretary Granholm, U.S. Department of Energy
03/13/2023 In re: Sierra Club, et al., Petition for Writ of Mandamus, D.C. Cir. No. 23-1065
04/19/2023 In re: Sierra Club, et al., Joint Unopposed Motion to Hold Case in Abeyance, D.C. Cir. No. 23-1065
04/25/2023 In re: Sierra Club, et al., Order No. 23-1065 D.C. Cir. (D.C. Cir. Apr. 25, 2023)
07/18/2023 U.S. Department of Energy, In re: Sierra Club, et al., Order Denying Petition for Rulemaking on Exports of Liquefied Natual Gas