A US federal appeals court has dismissed environmentalists’ challenge to the Clean Water Act permit issued by the US Army Corps of Engineers to NextDecade’s Rio Grande LNG project and its associated pipeline in south Texas.
The 5th U.S. Circuit Court of Appeals in New Orleans, Louisiana ruled that the petition for review has been denied. The court stated that the Army Corps of Engineers during the permitting process approved the least environmentally impacting practicable alternative that was presented before it.
Besides, the court said that the Army Corps of Engineers did not act arbitrarily in its assessment of pipeline construction impacts and mitigation efforts.
NextDecade’s project was challenged by petitioners Shrimpers and Fishermen of the RGV, Sierra Club, and Save RGV from LNG through a lawsuit filed in 2021.
The petitioners’ argument was that the LNG project posed an environmental danger to low-income communities, fishers, and shrimpers in the Rio Grande Valley region.
The environmentalists disagreed with the observation of the Army Corps of Engineers that the disruption of environmentally vulnerable wetlands caused by the LNG project and the pipeline will be temporary and would not need mitigating steps from the companies.
The appeals court said that the Army Corps of Engineers took into account studies showing that the vegetation of the area would return within 12 months of the completion of the midstream project.
In its ruling, the federal appeals court stated: “Petitioners challenged the Corps’ issuance of the permit in this court, see Shrimpers & Fishermen of the RGV v. U.S. Army Corps of Eng’rs, 849 F. App’x 459 (5th Cir. 2021), but we held their petition in abeyance because the Developers had changed the project design and the Corps had suspended the permit for reconsideration.
“The Developers had modified their project proposal in April 2020 to eliminate two compressor stations, increase the length and operating conditions of the pipelines, and use five liquefaction trains instead of six, among other changes not relevant here.”
NextDecade is developing the Rio Grande LNG project in the Port of Brownsville with an aim to produce 27 million metric tonnes per annum (mtpa) of LNG through five liquefaction trains. The associated Rio Bravo pipeline, which will supply natural gas to the LNG project, will be built, owned, and operated by Enbridge.
