On Tuesday, a U.S. court mandated the Federal Energy Regulatory Commission (FERC) to reexamine the environmental impact of greenhouse gas emissions from Commonwealth LNG’s proposed liquefied natural gas (LNG) facility in Louisiana.

The U.S. Court of Appeals for the District of Columbia instructed FERC to reassess the emissions impact but did not overturn the commission’s 2022 approval of the project.

“We think it ‘reasonably likely’ that on remand, the Commission can redress the defects in its (greenhouse gas) emissions and cumulative-effects analysis and still authorize the Project,” the court stated.

The lawsuit, filed by five environmental groups including the Natural Resources Defense Council, argued that FERC’s approval failed to adequately consider climate and air pollution risks. The groups contended that the approval in November 2022 overlooked the significant environmental implications of the project.

Commonwealth LNG has yet to make a final investment decision on the project, which, if developed, is anticipated to start shipping 9.5 million tonnes of LNG annually from Cameron, Louisiana, by 2027.

In June, private equity firm Kimmeridge acquired a 90% stake in Commonwealth LNG through its subsidiary, Kimmeridge Texas Gas.

Despite the approval in 2022, Democratic members of FERC expressed concerns regarding the emissions’ impact on climate change and the local communities already burdened with pollution. The terminal is expected to generate around 3.5 million tonnes of carbon emissions annually. However, they ultimately approved the project, citing federal natural gas laws that compel FERC to approve facilities unless they are deemed contrary to the public interest.

Analysis:

The court’s directive to reassess emissions highlights the growing scrutiny of environmental impacts associated with major energy projects. This decision underscores the balance regulators must strike between economic development and environmental protection.

For investors, the court’s ruling introduces a layer of uncertainty regarding the project’s timeline and potential additional costs related to enhanced environmental assessments and mitigation measures. However, the fact that the project’s approval was not vacated indicates that there is still a path forward, albeit with potential delays.

The acquisition of a 90% stake in Commonwealth LNG by Kimmeridge demonstrates confidence in the long-term viability of LNG projects, despite regulatory and environmental challenges. For potential investors, this move by Kimmeridge could signal a lucrative opportunity, provided the project navigates the regulatory landscape successfully.

Given the projected annual carbon emissions of 3.5 million tonnes, stakeholders will need to closely monitor how Commonwealth LNG addresses these environmental concerns to meet both regulatory requirements and public expectations.

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