II 

118TH CONGRESS 

2D SESSION S. 5290 

To address the effect of litigation on applications to export liquefied natural 

gas, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mr. CRUZ (for himself and Mr. CORNYN) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To address the effect of litigation on applications to export 

liquefied natural gas, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect LNG Act of 

5 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COVERED APPLICATION.—The term ‘‘cov9 ered application’’ means an application for— 


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1 (A) an authorization to export natural gas 

2 under section 3(a) of the Natural Gas Act (15 

3 U.S.C. 717b(a)); or 

4 (B) an authorization to site, construct, ex5 pand, or operate a covered facility under section 

6 3(e) of the Natural Gas Act (15 U.S.C. 

7 717b(e)). 

8 (2) COVERED FACILITY.—The term ‘‘covered 

9 facility’’ means a liquefied natural gas facility for 

10 which a proposal to site, construct, expand, or oper11 ate is required to be approved by— 

12 (A) the Secretary; and 

13 (B)(i) the Federal Energy Regulatory 

14 Commission; or 

15 (ii) the Maritime Administration. 

16 (3) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Energy. 

18 SEC. 3. EFFECT OF LITIGATION ON APPLICATIONS TO EX19 PORT LIQUEFIED NATURAL GAS. 

20 (a) EFFECT OF LITIGATION.—A civil action relating 

21 to an environmental review under the Natural Gas Act (15 

22 U.S.C. 717 et seq.) or the National Environmental Policy 

23 Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a 

24 covered facility shall not affect the validity of a permit, 


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1 license, or approval issued to the covered facility that is 

2 the subject of the civil action. 

3 (b) REMAND; PROCESSING OF COVERED APPLICA4 TIONS.—If, in a civil action described in subsection (a), 

5 the environmental review for a permit, license, or approval 

6 issued to the covered facility that is the subject of the civil 

7 action is found by the applicable court to violate the Nat8 ural Gas Act (15 U.S.C. 717 et seq.) or the National Envi9 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)— 

10 (1) notwithstanding chapter 5 or 7 of title 5, 

11 United States Code (commonly referred to as the 

12 ‘‘Administrative Procedure Act’’), the applicable 

13 court shall not set aside or vacate the permit, li14 cense, or approval issued to the covered facility but 

15 instead remand the matter to the relevant Federal 

16 agency to resolve the violation; and 

17 (2) the relevant Federal agency shall continue 

18 to process all covered applications. 

19 SEC. 4. ACTION ON COVERED APPLICATIONS. 

20 (a) JUDICIAL REVIEW.—Except for review in the Su21 preme Court of the United States, the court of appeals 

22 of the United States for the circuit in which a covered 

23 facility is, or will be, located pursuant to a covered applica24 tion shall have original and exclusive jurisdiction over any 


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1 civil action for the review of an order issued by a Federal 

2 agency with respect to the covered application. 

3 (b) EXPEDITED REVIEW.—The applicable United 

4 States Court of Appeals under subsection (a) shall— 

5 (1) set any civil action brought under this sub6 section for expedited review; and 

7 (2) set the action on the docket as soon as 

8 practicable after the filing date of the initial plead9 ing. 

10 (c) TRANSFER OF EXISTING ACTIONS.—In the case 

11 of a covered application for which a petition for review 

12 has been filed as of the date of enactment of this Act, 

13 the petition shall be— 

14 (1) on a motion by the applicant, transferred to 

15 the court of appeals of the United States in which 

16 the covered facility that is the subject of the covered 

17 application is, or will be, located; and 

18 (2) adjudicated in accordance with this section. 

19 (d) LIMITATION ON CLAIMS.—Notwithstanding any 

20 other provision of law, a claim arising under Federal law 

21 seeking judicial review of a permit, license, or approval 

22 issued by a Federal agency for a covered facility pursuant 

23 to a covered application shall be barred unless the claim 

24 is filed not later than 90 days after publication of a notice 

25 in the Federal Register announcing that the permit, liVerDate Sep 11 2014 01:03 Oct 17, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5290.IS S5290

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1 cense, or approval is final pursuant to the law under which 

2 the agency action is taken, unless a shorter time is speci3 fied in the Federal law pursuant to which judicial review 

4 is allowed. 

5 (e) SAVINGS CLAUSE.—Nothing in this section estab6 lishes a right to judicial review or places any limit on filing 

7 a claim that a person has violated the terms of a permit, 

8 license, or approval. 

Æ 


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