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DOE Adopts Revised Procedures for Reviewing Applications to Export LNG to Non-FTA Nations

Sutherland Asbill Brennan LLP - Washington Office

August 19, 2014

Previously published on August 14, 2014

In a notice submitted for publication in the Federal Register tomorrow (Friday), the U.S. Department of Energy (DOE) announced that it has adopted its proposal to suspend its practice of issuing conditional decisions on applications to export LNG from the lower-48 states to nations without a Free Trade Agreement with the United States.  In addition, DOE will no longer follow its Order of Precedence, but will act on applications in the order they become ready for final action.  An application is ready for final action using the following criteria: (1) for those LNG export projects requiring an environmental impact statement (EIS), 30 days after publication of a Final EIS, (2) for projects requiring an environmental assessment, upon publication by DOE of a Finding of No Significant Impact, or (3) upon a determination by DOE that an application is eligible for a categorical exclusion.  FERC is the lead agency for preparation of the environmental review document for proposed LNG terminals located onshore or in state waters and the Maritime Administration is the lead agency for environmental review of proposed LNG terminals located offshore beyond state waters.


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