Reiter Discusses LNG Project, FERC Oversight in Recent EnergyWire Article

05.12.2023

Stinson LLP Partner Harvey Reiter is quoted in a recent article from E&E News' EnergyWire, "LNG is surging. Can FERC reviews keep up?"

The article focuses on the Federal Energy Regulatory Commission's (FERC) oversight of liquefied natural gas (LNG) projects. Reiter provides insight on FERC's role in reviewing LNG import and export projects and the implications of the "split" authority between the Department of Energy (DOE) and FERC over LNG.

He notes that U.S. national security interests stemming from gas exports are not under FERC's jurisdiction. FERC is responsible for approving LNG export terminals and associated natural gas pipelines, not the gas exports themselves. The DOE makes a separate determination for LNG companies being permitted to export natural gas, and assumes that gas exports to the subset of countries with which the U.S. has free trade agreements are in the public interest of the U.S.

"DOE might say that [national security] is a really good reason to approve a natural gas export, outweighing environmental concerns. But can FERC kill a project when it knows that DOE is going to be considering that? That's a difficult issue," Reiter said.

Reiter focuses his practice on competition in the electric and natural gas industries, representing clients in proceedings before FERC the Federal Communications Commission and the federal courts. He brings a wealth of knowledge to his legal counsel in litigation, appellate, transactional and other legal services, and offers regulatory and trial insights with a strong focus on antitrust and competition issues. In addition to his work at the firm, Reiter is an adjunct professor of law at George Washington University Law School and editor-in-chief of the Energy Law Journal.

Read the full article.