Docket No. CP16-116-000
The staff of the Federal Energy Regulatory Commission (FERC or Commission) prepared a draft supplemental environmental impact statement (EIS) to address the August 6, 2024 Opinion issued by the United States Court of Appeals for the District of Columbia Circuit (court) regarding the Commission’s environmental review of the Texas LNG Project (Project), proposed by Texas LNG Brownsville, LLC (Texas LNG).
The court remanded the Commission’s April 21, 2023 Order on Remand that approved the liquefied natural gas (LNG) terminal. The court found that FERC failed to issue a supplemental EIS consistent with the National Environmental Policy Act to discuss impacts on communities with environmental justice concerns and address why the Commission did not use data from a particular air quality monitor in the air analysis. The draft supplemental EIS was prepared to assess the issue raised by the court.
Texas LNG requests authorization to site, construct, and operate a natural gas liquefaction and export facility in Cameron County, Texas. Texas LNG stated that the purpose for the proposed Project is to convert domestically produced natural gas to LNG for storage and export. Texas LNG is developing the Project to produce up to 4 million tons per year of LNG for export. The Project would be constructed in two phases, each with a capacity of 2 million tons per year.
The draft supplemental EIS was prepared in compliance with the requirements of the National Environmental Policy Act (NEPA) and the Commission’s regulations implementing NEPA under Title 18 of the Code of Federal Regulations, Part 380.
Commission staff conclude that Project-related impacts on communities with environmental justice concerns would be disproportionate and adverse because they would be predominately borne by the communities with environmental justice concerns and, specifically, communities in the areas near the Terminal may experience significant cumulative visual impacts. Specific to air quality impacts, we clarify that the project’s air quality impacts on communities with environmental justice concerns would also be disproportionate and adverse; however, these impacts would be less than significant. For all other resources, FERC staff continues to conclude that approval of the project would result in less than significant impacts, with implementation of the environmental conditions set forth in the Commission’s prior authorizations for the project, and the additional mitigation measures recommended in the draft supplemental EIS.
The draft supplemental EIS comment period closes at 5:00 pm Eastern Time on May 19, 2025.