Description: Challenge to a Clean Water Act Section 404 permit for the Driftwood liquefied natural gas export terminal in southwest Louisiana.
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Healthy Gulf v. U.S. Army Corps of Engineers
Case Documents:
Filing Date Type File Action Taken Summary 09/06/2023 Opinion Download Petition for review denied. The Fifth Circuit denied the petition for review, rejecting claims that the permit violated the Clean Water Act and was arbitrary and capricious. Neither the opinion nor the parties' briefing focused on greenhouse gas emissions associated with the facility or on wetlands' functions in providing protection from floods and hurricanes. 02/08/2023 Reply Download Reply brief filed by petitioners. 01/25/2023 Amicus Brief Download Brief filed by amici curiae Chamber of Commerce of the United States of America and Chamber Southwest Louisiana, Inc. in support of respondents and denial of petition. 01/25/2023 Brief Download Brief filed by intervenors Driftwood LNG LLC and Driftwood Pipeline LLC. 01/18/2023 Brief Download Brief filed by respondents. 11/09/2022 Brief Download Initial brief filed by petitioners. 07/19/2022 Petition for Review Download Petition for review filed. Environmental Groups Challenged Clean Water Act Permit for LNG Facility in Louisiana. Healthy Gulf and Sierra Club filed a petition for review in the Fifth Circuit Court of Appeals challenging a Clean Water Act Section 404 permit issued by the U.S. Army Corps of Engineers for the Driftwood liquefied natural gas (LNG) export terminal in southwest Louisiana. In a press release announcing the lawsuit, the petitioners said the permit “falls short of legal requirements to avoid and compensate for impacts to wetlands,” which are “necessary natural storm barriers to hurricanes and help prevent flooding.” The press release also described the facility’s climate impact as “staggering,” stating that the annual lifecycle emissions of the produced LNG—from extraction to combustion—would equal the annual emissions of 42 coal plants. In addition, the press release cited environmental justice concerns.