Response to Trade Associations' Application for Rehearing of the Department of Energy's Updates of Analyses for Non-FTA LNG Export Applications

On January 26, 2024, the U.S. Department of Energy (DOE) issued a statement that it is undertaking "a process to update the economic and environmental analyses used to inform whether additional liquefied natural gas (LNG) export authorization requests to non-Free Trade Agreement (non-FTA) countries are in the public interest" under Natural Gas Act (NGA) section 3(a) (the Update).

On February 26, 2024, the American Petroleum Institute, the American Exploration & Production Council, the Center for Liquefied Natural Gas, the Energy Workforce & Technology Council, the Interstate Natural Gas Association of America, the National Association of Manufacturers, and the US LNG Association (collectively, the Trade Associations) submitted an "Application for Rehearing of the Department of Energy's Indefinite 'Pause' of Consideration of Applications for Authorization to Export Liquefied Natural Gas to Non-Free Trade Agreement Nations" (Application).  The Application was not filed in any active docket.

On March 12, 2024, in response to the Application, Sierra Club, Natural Resources Defense Council, and Center for Biological Diversity (collectively, Environmental Advocates) filed a "Motion for Leave to Answer, Answer to Request for Rehearing, and Precautionary Motion to Intervene."  Additionally, on March 26, 2024, Vessel Project of Louisiana, Healthy Gulf, For a Better Bayou, and Alliance for Affordable Energy (together with additional signatories and, collectively, Frontline Advocates) submitted a letter expressing opposition to the Trade Associations' Application, as well as a "Precautionary Motion to Intervene."

On March 27, 2024, DOE issued a letter dismissing the Trade Associations' Application, the Environmental Advocates' motions, and the Frontline Advocates' motion.  These documents are set forth below.