Fifth Circuit Denies Challenge To Texas NSR Permit Construction Commencement Extension

On January 14, 2026, the U.S. Court of Appeals for the Fifth Circuit upheld the Texas Commission on Environmental Quality's (TCEQ's) decision to grant a third New Source Review (NSR) construction commencement deadline extension for a proposed Texas LNG liquefied natural gas terminal in Brownsville. The South Texas Environmental Justice Network (STEJN) had challenged the extension, arguing that TCEQ should have applied its general application procedures in 30 Tex. Admin. Code (TAC) Chapter 50. Had STEJN prevailed, the permit application would have been subject to renewed public notice and a new technical review. While the ruling was largely anticipated and confirms the governing extension framework, the importance of timing considerations in project permitting and implementation remains paramount.