I 
118TH CONGRESS 
2D SESSION H. R. 10008 
To address the effect of litigation on applications to export liquefied natural 
gas, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 18, 2024 
Mr. HUNT introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committee on Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To address the effect of litigation on applications to export 
liquefied natural gas, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protect LNG Act of 
2024’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COVERED APPLICATION.—The term ‘‘cov-
ered application’’ means an application for— 
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(A) an authorization to export natural gas 
under section 3(a) of the Natural Gas Act (15 
U.S.C. 717b(a)); or 
(B) an authorization to site, construct, ex-
pand, or operate a covered facility under section 
3(e) of the Natural Gas Act (15 U.S.C. 
717b(e)). 
(2) COVERED
FACILITY.—The term ‘‘covered 
facility’’ means a liquefied natural gas facility for 
which a proposal to site, construct, expand, or oper-
ate is required to be approved by— 
(A) the Secretary; and 
(B)(i) the Federal Energy Regulatory 
Commission; or 
(ii) the Maritime Administration. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 3. EFFECT OF LITIGATION ON APPLICATIONS TO EX-
PORT LIQUEFIED NATURAL GAS. 
(a) EFFECT OF LITIGATION.—A civil action relating 
to an environmental review under the Natural Gas Act (15 
U.S.C. 717 et seq.) or the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a 
covered facility shall not affect the validity of a permit, 
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license, or approval issued to the covered facility that is 
the subject of the civil action. 
(b) REMAND; PROCESSING OF COVERED APPLICA-
TIONS.—If, in a civil action described in subsection (a), 
the environmental review for a permit, license, or approval 
issued to the covered facility that is the subject of the civil 
action is found by the applicable court to violate the Nat-
ural Gas Act (15 U.S.C. 717 et seq.) or the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)— 
(1) notwithstanding chapter 5 or 7 of title 5, 
United States Code (commonly referred to as the 
‘‘Administrative Procedure Act’’), the applicable 
court shall not set aside or vacate the permit, li-
cense, or approval issued to the covered facility but 
instead remand the matter to the relevant Federal 
agency to resolve the violation; and 
(2) the relevant Federal agency shall continue 
to process all covered applications. 
SEC. 4. ACTION ON COVERED APPLICATIONS. 
(a) JUDICIAL REVIEW.—Except for review in the Su-
preme Court of the United States, the court of appeals 
of the United States for the circuit in which a covered 
facility is, or will be, located pursuant to a covered applica-
tion shall have original and exclusive jurisdiction over any 
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civil action for the review of an order issued by a Federal 
agency with respect to the covered application. 
(b) EXPEDITED REVIEW.—The applicable United 
States Court of Appeals under subsection (a) shall— 
(1) set any civil action brought under this sub-
section for expedited review; and 
(2) set the action on the docket as soon as 
practicable after the filing date of the initial plead-
ing. 
(c) TRANSFER OF EXISTING ACTIONS.—In the case 
of a covered application for which a petition for review 
has been filed as of the date of enactment of this Act, 
the petition shall be— 
(1) on a motion by the applicant, transferred to 
the court of appeals of the United States in which 
the covered facility that is the subject of the covered 
application is, or will be, located; and 
(2) adjudicated in accordance with this section. 
(d) LIMITATION ON CLAIMS.—Notwithstanding any 
other provision of law, a claim arising under Federal law 
seeking judicial review of a permit, license, or approval 
issued by a Federal agency for a covered facility pursuant 
to a covered application shall be barred unless the claim 
is filed not later than 90 days after publication of a notice 
in the Federal Register announcing that the permit, li-
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cense, or approval is final pursuant to the law under which 
the agency action is taken, unless a shorter time is speci-
fied in the Federal law pursuant to which judicial review 
is allowed. 
(e) SAVINGS CLAUSE.—Nothing in this section estab-
lishes a right to judicial review or places any limit on filing 
a claim that a person has violated the terms of a permit, 
license, or approval. 
Æ 
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