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Trump reverses Biden's LNG export application ban

LEGAL NEWSLINE

Thursday, January 23, 2025

Trump reverses Biden's LNG export application ban

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Loren Seehase Senior Counsel | Liberty Justice Center

On Monday, President Donald Trump issued an executive order reversing the Biden Administration's ban on new applications for liquefied natural gas (LNG) export projects. The Liberty Justice Center, which had filed a lawsuit against the ban in May 2024, welcomed this decision as a triumph over government overreach.

“We are thrilled to see the reversal of this unconstitutional ban,” stated Loren Seehase, Senior Counsel at the Liberty Justice Center. “It was enacted in reckless disregard for the separation of powers and the rule of law—threatening not only our system of government but also a key industry for the American economy.”

The Biden Administration had implemented the ban in January 2024, disrupting more than 80 years of precedent by halting LNG export license approvals indefinitely. This action followed their rejection of a petition to stop the approval process, claiming that there was “no factual or legal basis” for such a ban.

On May 16, 2024, the Liberty Justice Center and the Pelican Institute for Public Policy filed a lawsuit on behalf of the Oil & Gas Workers Association. This nonprofit trade association represents 46,000 members whose careers depend on the LNG export industry. The lawsuit argued that the ban violated both the Natural Gas Act’s mandate and constitutional separation of powers while exceeding executive authority.

The recent executive order directs the Secretary of Energy to resume reviewing and authorizing LNG export applications "as expeditiously as possible," highlighting economic, employment, and national security benefits.

In December 2024, anticipating Trump's administration's intent to overturn it, the Department of Justice filed a motion to stay legal challenges against the ban. With its official repeal now in place, related lawsuits have become moot and courts will proceed with formally closing these cases.

The Liberty Justice Center remains committed to challenging government overreach across all levels without cost to clients or taxpayers.

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