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Biden Administration Appeals Court Ruling Halting New LNG Export Facility Approvals Amid Ongoing Legal Challenges.

The Biden Administration is appealing a district court injunction against the permitting of new liquefied natural gas export facilities. The judge dismissed 11 of the 16 charges raised by the 15 states challenging the pause, but the administration is prohibited from halting the approval process for other LNG exports until the case is resolved or further orders are issued. The ban was challenged by states including Alabama, Alaska, Arkansas, Florida, Georgia, Kansas, Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, Texas, West Virginia and Wyoming. The remaining charges include claims that the ban violates the Congressional Review Act and is arbitrary and capricious due to conflicting explanations and that the administration failed to conduct a cost-benefit analysis. Despite the temporary halt in new export facilities, it is expected that U.S. LNG export capacity will continue to rise.

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