- A group of 16 Republican AGs filed a lawsuit against President Biden and the Department of Energy (DOE) alleging that the ban on new liquefied natural gas (LNG) exports to non-Free-Trade Agreement countries violates the Administrative Procedures Act (APA) and Congressional Review Act, the separation of powers, and the Foreign Commerce Clause.
- The complaint alleges that the ban contradicts established policies requiring the DOE to consider LNG export applications with limited exceptions, lacks statutory authority, was enacted without the DOE following the APA’s notice and comment protocols, is arbitrary and capricious, and usurps Congress’ power to regulate foreign commerce, among other allegations.
- The lawsuit seeks declaratory and injunctive relief, and costs and fees, and requests that the ban be vacated and stayed, among other relief.
- We recently reported on a letter sent by a group of 22 Republican AGs to President Biden and the DOE demanding an end to the ban.