H.R. 3592

119th CONGRESS 1st Session

To address the effect of litigation on applications to export liquefied natural gas, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · May 23, 2025 · Sponsor: Mr. Hunt

Table of contents

• H.R. 3592
  • SEC. 1. Short title
  • SEC. 2. Definitions
  • SEC. 3. Effect of litigation on applications to export liquefied natural gas
  • SEC. 4. Action on covered applications

SEC. 1. Short title

• This Act may be cited as the Protect LNG Act of 2025.

SEC. 2. Definitions

• In this Act:
  • The term means an application for— covered application
  • The term means a liquefied natural gas facility for which a proposal to site, construct, expand, or operate is required to be approved by— covered facility
  • The term means the Secretary of Energy.

SEC. 3. Effect of litigation on applications to export liquefied natural gas

• (a) Effect of litigation
  • A civil action relating to an environmental review under the Natural Gas Act () or the National Environmental Policy Act of 1969 () with respect to a covered facility shall not affect the validity of a permit, license, or approval issued to the covered facility that is the subject of the civil action. 15 U.S.C. 717 et seq.; 42 U.S.C. 4321 et seq.
• (b) Remand; processing of covered applications
  • If, in a civil action described in subsection (a), the environmental review for a permit, license, or approval issued to the covered facility that is the subject of the civil action is found by the applicable court to violate the Natural Gas Act () or the National Environmental Policy Act of 1969 ()— 15 U.S.C. 717 et seq.; 42 U.S.C. 4321 et seq.
    • notwithstanding chapter 5 or 7 of title 5, United States Code (commonly referred to as the ), the applicable court shall not set aside or vacate the permit, license, or approval issued to the covered facility but instead remand the matter to the relevant Federal agency to resolve the violation; and Administrative Procedure Act
    • the relevant Federal agency shall continue to process all covered applications.

SEC. 4. Action on covered applications

• (a) Judicial review
  • Except for review in the Supreme Court of the United States, the court of appeals of the United States for the circuit in which a covered facility is, or will be, located pursuant to a covered application shall have original and exclusive jurisdiction over any civil action for the review of an order issued by a Federal agency with respect to the covered application.
• (b) Expedited review
  • The applicable United States Court of Appeals under subsection (a) shall—
    • set any civil action brought under this subsection for expedited review; and
    • set the action on the docket as soon as practicable after the filing date of the initial pleading.
• (c) Transfer of existing actions
  • In the case of a covered application for which a petition for review has been filed as of the date of enactment of this Act, the petition shall be—
    • on a motion by the applicant, transferred to the court of appeals of the United States in which the covered facility that is the subject of the covered application is, or will be, located; and
    • adjudicated in accordance with this section.
• (d) Limitation on claims
  • Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal agency for a covered facility pursuant to a covered application shall be barred unless the claim is filed not later than 90 days after publication of a notice in the Federal Register announcing that the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed.
• (e) Savings clause
  • Nothing in this section establishes a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval.