Joint Petition for Review of Federal Energy Regulatory Commission Orders

Strategic Insights -

The Sierra Club and 13 other environmental groups have petitioned the United States Court of Appeals for the District of Columbia Circuit to review and set aside three orders from the Federal Energy Regulatory Commission (FERC) regarding the Venture Global CP2 LNG, LLC project. The petitioners argue that FERC's orders were arbitrary and capricious and that the Commission failed to consider the environmental impacts of the project. The orders in question relate to the authorization of the project, the modification of a prior order, and the grant of clarification.

Key Takeaways:

  • The petitioners are challenging three FERC orders related to the Venture Global CP2 LNG, LLC project.
  • The orders in question are the Order Addressing Arguments Raised on Rehearing and Granting Clarification, the Order Granting Authorizations Under Section 3 and 7 of the Natural Gas Act, and the Order Addressing Arguments Raised on Rehearing And Setting Aside Prior Order, In Part.
  • The petitioners argue that FERC's orders were arbitrary and capricious and that the Commission failed to consider the environmental impacts of the project.
  • The petitioners also argue that the denial of intervention to Fishermen Involved in Sustaining Our Heritage was arbitrary and capricious.
  • The petitioners have requested consolidation of this case with Case Nos. 24-1291 (L), 24-1292 after this Petition for Review is docketed.
  • The list of parties served with copies of this Joint Petition is attached as Exhibit D.
  • The petitioners were represented by counsel from the Sierra Club, Natural Resources Defense Council, Southern Environmental Law Center, and other organizations.

Statistics:

  • The Venture Global CP2 LNG, LLC project is a liquefied natural gas export terminal proposed for construction in Louisiana.
  • The project has been the subject of three FERC orders, including the Order Addressing Arguments Raised on Rehearing and Granting Clarification, the Order Granting Authorizations Under Section 3 and 7 of the Natural Gas Act, and the Order Addressing Arguments Raised on Rehearing And Setting Aside Prior Order, In Part.
  • The petitioners have alleged that FERC's orders were arbitrary and capricious and that the Commission failed to consider the environmental impacts of the project.
  • The petitioners have requested consolidation of this case with Case Nos. 24-1291 (L), 24-1292 after this Petition for Review is docketed.
  • The list of parties served with copies of this Joint Petition includes the Sierra Club, Natural Resources Defense Council, Southern Environmental Law Center, and other organizations.

Sources:

  • IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT TRAVIS DARDAR, NICOLE DARDAR, KENT DUHON, MARY ALICE NASH, JERRYD TASSIN, ANTHONY THERIOT, FISHERMEN INVOLVED IN SUSTAINING OUR HERITAGE, FOR A BETTER BAYOU, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, NATURAL RESOURCES DEFENSE COUNCIL, SIERRA CLUB, TEXAS CAMPAIGN FOR THE ENVIRONMENT, and TURTLE ISLAND RESTORATION NETWORK Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
  • Order Addressing Arguments Raised on Rehearing and Granting Clarification, Venture Global CP2 LNG, LLC, Nos. CP22-21-000 & CP22-22-000, 191 FERC P 61,153 (May 23, 2025).
  • Order Granting Authorizations Under Section 3 and 7 of the Natural Gas Act, Venture Global CP2 LNG, LLC, Nos. CP22-21-000 & CP22-22-000, 187 FERC P 61,199 (June 27, 2024).
  • Order Addressing Arguments Raised on Rehearing And Setting Aside Prior Order, In Part, Venture Global CP2 LNG, LLC, Nos. CP22-21-000 & CP22-22-000, 189 F.E.R.C. P 61,148 (Nov. 27, 2024).