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State AGs warn Biden’s natural gas moratorium violates federal law, demand reversal

First appearance on Fox: A coalition of 22 Republican state attorneys general is warning President Biden about the recent suspension of the policy. Liquefied natural gas (LNG) Export projects are illegal.

led by the top of the state government Kansas Attorney General Kris KobachIn a letter to Mr. Biden and Energy Secretary Jennifer Granholm, he listed a series of federal laws that the administration’s recent actions allegedly violate and urged them to change course immediately. The AG further argued that the policy of suspending LNG exports would undermine national security and have a negative impact on the economy.

“Instead of addressing America’s real energy problems, your administration has decided to further address reckless environmental issues through this TikTok-inspired ‘pause,'” they wrote in the letter. writing. “But this sudden freeze is (1) illegal, (2) harmful to our economy, and (3) harmful to our national security. At the same time, it further impedes our ability to protect ourselves.”

“Your administration has put this country in a difficult situation with this LNG ‘shutdown,’ but you still have time to change course. There is no need to continue recklessly down an illegal path that undermines the United States,” Kobach said. The other attorney general continued. “We can and must change course by ending this ‘pause’ immediately.”

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Republican Kansas Attorney General Kris Kobach holds a press conference outside his office in Topeka on May 1, 2023. (AP Photo/John Hannah/File)

Late last month, Biden ordered: Department of Energy (DOE) It will suspend pending permits for LNG export facilities while federal regulators conduct a rigorous environmental review to assess the project’s carbon footprint, which could take more than a year to complete. The action marks a major victory for activists who have been vocally calling for such a move and even threatening large-scale protests over the issue.

the president said Suspend LNG permit He added that the action was part of his broader climate change plan and that the action “sees the climate crisis for what it is: a modern-day existential threat.” He also targeted “MAGA Republicans” who deliberately denied “the urgency of the climate crisis.”

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However, the attorney general argues in the letter that it has not been determined under what authority the DOE is suspending LNG exports. They wrote that the department “literally has no authority to act, including under its regulations, until Congress authorizes it by statute,” and that the Energy Department would instead focus on Biden’s climate change initiative. He added that he was justifying his actions by pointing to the executive order that imposed this. .

The attorney general further argues that the DOE cannot rely on the Natural Gas Act of 1938, which requires it to approve LNG export applications to non-free trade agreement countries.

President Biden on Friday ordered a halt to pending natural gas export projects in a surprising move. The action was supported by environmental activists who oppose fossil fuel development. (Getty Images)

“Here you demonstrate every intention of rejecting broad categories of exports based on the implication of environmental damage,” they added in the letter. “Your administration and its allies appear to be “grabbing regulatory loopholes and prejudging the outcome of complex policy analyses.”

“Agency predetermination is bad enough, but it’s doubly wrong when it conflicts with the express purpose of Congress in enacting this law.”

Additionally, the DOE’s suspension could create liability under the Administrative Procedure Act “for unreasonable delay.” The 1946 law requires federal agencies to provide an adequate basis for the rules and regulations they enforce.

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The Administrative Procedure Act prohibits federal agencies from causing “unreasonable delay” in meeting Congress’s requirements. The Attorney General said the DOE’s actions amount to such an unreasonable delay, as the DOE has indefinitely suspended LNG export licenses that it is required to issue under the Natural Gas Act.

It also said that LNG export terminals must already undergo an environmental review before being approved by an independent agency. Federal Energy Regulatory Commission (FERC). LNG export projects must first go through FERC’s lengthy approval process before they are ripe for DOE approval.

jennifer granholm

Energy Secretary Jennifer Granholm said after announcing the pause last month that the department is committed to “protecting Americans from climate change as we lead the world to a clean energy future.” (Tom Williams/CQ Roll Call, via Getty Images)

The attorney general also argued that beyond an “unreasonable delay,” the DOE’s suspension did not remain “within reasonable decision-making” as required by federal law. And the agency did not release the decision to a public comment period before implementing it, which could also be a violation of the law.

“The Biden administration’s hatred of American energy has reached new heights,” Kobach told Fox News Digital in a statement. “This moratorium on liquefied natural gas exports is illegal and unreasonable. This natural gas policy will be blown up in the eyes of this administration.”

“Louisiana people are proud to power this country. Joe Biden’s recent attacks on LNG exports cost thousands of jobs and billions of dollars in infrastructure investment in our state. “This is a threat,” added Louisiana Attorney General Liz Murrill. “It also causes international instability and harms the development of democracy around the world. I will not allow this president to hold our people and economy hostage.”

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In his letter, the attorney general echoed the sentiments of energy industry groups and Republican lawmakers, saying the Department of Energy’s suspension would undermine national security and embolden Russia, a major natural gas producer, and other adversaries. Stated.

In this aerial photo taken over Sabine Pass, Texas, on Wednesday, February 24, 2016, an Asia Vision LNG carrier is docked at Cheniere Energy's terminal. Cheniere said in a statement last month. Cheniere Energy Corp. delivered its first cargo of liquefied natural gas to Brazil on Wednesday, with plans to ship it in another tanker that will be loaded in the coming days, marking a historic start for U.S. shale exports and sending the company's stock higher in recent days. It was the biggest rise in more than a month.Photographer: Lindsay Johnnys/Bloomberg via Getty Images

A photo taken over Sabine Pass, Texas, shows an LNG carrier docked at the Cheniere Energy Terminal. (Lindsay Johnnys/Bloomberg via Getty Images)

In December 2023, more than 87% of U.S. LNG exports went to European, British, or Asian markets. In the wake of Russia’s 2022 invasion of Ukraine, energy experts have argued that LNG exports are critical to helping U.S. allies wean themselves off Russian gas.

And the industry shows that LNG exports could add up to $73 billion to the U.S. economy by 2040, create 453,000 U.S. jobs, and increase U.S. purchasing power by $30 billion. Citing survey results.

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“We had hoped that your administration would consider this and the economic and national security implications before announcing the moratorium, but it appears that is not the case,” the letter concludes. is.

“This decision will undermine national security and cost lives. We call on governments to stop making decisions based on the whims of social media influencers and reverse this reckless decision. I urge you to take this issue seriously.”

Fox News Digital has reached out to the White House for comment.

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