DOE Proposes to Alter Its Review Process for LNG Export Applications


The United States Department of Energy (DOE) recently announced that it proposes to revamp the order in which it will process applications to export liquefied natural gas (LNG). The DOE also stated that it will conduct a further economic study of potential US LNG exports. Under the proposal, the DOE would not review an application to export LNG to countries that do not have a free trade agreement (FTA) with the United States until after the Federal Energy Regulatory Commission (FERC) concludes its environmental assessment of the associated export facility. Thus, if the proposal is adopted, the DOE will review non-FTAexport applications on a first-ready basis, instead of its current first-in-queue basis. The DOE stated that this change will allow it to “prioritize resources on the more commercially advanced projects.” The Notice of Proposed Procedures for LNG Export Decisions is now subject to a 45-day public review and comment period.

Under the Natural Gas Act (NGA), the DOE authorizes the export of natural gas unless it determines that the proposed export is “not consistent with the public interest.” Exports to countries that are party to a free trade agreement with the United States are statutorily deemed in the “public interest” and are allowed to sidestep DOE review. However, many major LNG importers, such as Japan, are not presently parties to a free trade agreement with the United States.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© White & Case LLP | Attorney Advertising

Written by:


White & Case LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.