The Fifth Circuit Court of Appeals denied a petition for review filed by the South Texas Environmental Justice Network challenging the Texas Commission on Environmental Quality's handling of air quality permits for a liquid natural gas terminal project in Brownsville, Texas.
In a decision filed Jan. 14, the three-judge panel rejected the environmental justice group's challenge to TCEQ's denial of their motion to overturn a third construction deadline extension granted to the Texas LNG project. Circuit Judge Patrick E. Higginbotham wrote the opinion for the court.
The case centers on the Texas LNG terminal project, a liquid natural gas facility planned for Brownsville in South Texas. Since 2021, Kelly Keel, the executive director of TCEQ, has granted Texas LNG three separate extensions of its deadline to begin construction on the project.
The South Texas Environmental Justice Network, represented as petitioner in the case, moved to overturn the third extension of the construction deadline. When TCEQ denied that motion, STEJN filed a direct petition for review with the Fifth Circuit under case number 24-60580.
The respondents in the case include the Texas Commission on Environmental Quality as an agency, along with Brooke Paup in her official capacity as chairperson of TCEQ and Kelly Keel in her official capacity as executive director.
The legal framework underlying the dispute involves the Clean Air Act, which authorizes the Environmental Protection Agency to establish nationwide air pollution standards. The 1970 amendments to the Clean Air Act introduced National Ambient Air Quality Standards, which require concentration limits for various air pollutants to protect public health and welfare.
Under this federal framework, state environmental agencies like TCEQ have authority to implement and enforce air quality regulations within their jurisdictions, including issuing permits for industrial projects that may affect air quality.
The Texas LNG project represents part of the broader expansion of liquefied natural gas export capacity along the Texas Gulf Coast. Brownsville's location near the Mexican border and access to deep water shipping channels make it attractive for LNG export facilities serving international markets.
However, the project has faced opposition from environmental justice advocates who argue that industrial development in South Texas disproportionately affects low-income and minority communities. The South Texas Environmental Justice Network has been active in challenging various aspects of energy infrastructure development in the region.
The group's challenge to the construction deadline extensions appears to stem from concerns about the extended timeline for beginning construction. Environmental groups often argue that repeated deadline extensions allow projects to avoid updated environmental reviews or more stringent regulatory requirements that might be implemented over time.
The Fifth Circuit's panel included Circuit Judges Patrick E. Higginbotham, James C. Ho, and Stuart Kyle Duncan. The court's denial of the petition means that TCEQ's decision to grant the third construction deadline extension will stand.
The ruling reflects the court's determination that TCEQ acted within its authority in granting the extension and denying STEJN's motion to overturn it. The decision does not appear to address the underlying merits of the LNG project itself, but rather focuses on the procedural aspects of the deadline extension process.
For the Texas LNG project, the ruling removes a potential legal obstacle to moving forward with construction. The company can proceed under the extended timeline without the uncertainty of ongoing federal court review of the deadline extension.
The decision also demonstrates the challenges environmental justice groups face in using federal courts to block or delay industrial projects through administrative law challenges. Courts generally give significant deference to state environmental agencies' technical determinations unless clear legal errors are demonstrated.
The case highlights ongoing tensions in South Texas between economic development through energy infrastructure and environmental protection concerns. The region has seen significant growth in oil and gas processing facilities, petrochemical plants, and export terminals in recent years.
Environmental justice advocates argue that these facilities create cumulative health impacts in communities that often lack political power to effectively oppose development. Industry supporters counter that such projects provide economic opportunities and energy security benefits.
With the Fifth Circuit's denial of the petition, STEJN would need to seek Supreme Court review to continue federal court challenges to the deadline extension. However, the Supreme Court accepts only a small percentage of petitions for review, making further appeal unlikely to succeed.
The ruling allows the Texas LNG project to proceed under its extended construction timeline while maintaining TCEQ's regulatory authority over industrial permitting decisions in the state.