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ARTICLE · 19 MAY 2023

Environmental Justice Community Impacts Take Center Stage At FERC

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Energy industry watchers are waiting to see whether environmental or industry groups will appeal a pair of decisions issued by the Federal Energy Regulatory Commission (FERC) on April 21, 2023...

United StatesEnvironment
Emily P. Mallen
Emily P. Mallen
Ben N. Reiter
Ben N. Reiter
Angelica Gonzalez
Angelica Gonzalez
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Energy industry watchers are waiting to see whether environmental or industry groups will appeal a pair of decisions issued by the Federal Energy Regulatory Commission (FERC) on April 21, 2023, that addressed the impacts of two proposed liquefied natural gas (LNG) export terminal authorizations on environmental justice communities within the projects' vicinities. In Texas LNG Brownsville LLC ("Texas LNG") and Rio Grande LNG, LLC ("Rio Grande"), FERC for the first time conditioned a Natural Gas Act (NGA) section 3 authorization on the implementation of mechanisms specifically designed to protect nearby environmental justice communities. The conditions include ongoing air quality monitoring and mitigation during terminal construction and operation to be coordinated amongst and between the two project developers with LNG terminals to be situated around Brownsville, Texas. At FERC's open meeting announcing the orders, Acting Chairman Willie Phillips proclaimed that the

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