ELR Citation: 54 ELR 20067
No(s). 23-60234 (5th Cir. Apr 29, 2024)

The Fifth Circuit rejected an environmental group's challenge to the Louisiana Department of Environmental Quality's (LDEQ's) decision to issue preconstruction permits for a liquefied natural gas export facility in Cameron Parish. The group sought to have LDEQ's decision vacated, arguing the facility's emissions would exceed NAAQS and that LDEQ failed to require the facility to use the best available control technology to limit those emissions. The court found that LDEQ's use of significant impact levels in its analysis of potential NAAQS violations was not improper, and that the Department considered all the relevant factors and articulated reasons for its decisions regarding technologies to limit emissions. It further found LDEQ satisfied its public trust duty when issuing the permits. The court denied the group's petition and affirmed LDEQ's permitting decision.