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Texas Wins Preliminary Injunction Against Biden Administration's LNG Export Ban

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Published on July 03, 2024
Texas Wins Preliminary Injunction Against Biden Administration's LNG Export BanSource: Wikipedia/Michael Scott, CC BY 2.0, via Wikimedia Commons

In a substantial legal challenge, Texas Attorney General Ken Paxton has effectively put the brakes on the Biden Administration’s move to indefinitely block approvals for liquified natural gas (LNG) export applications. A federal court sided with Texas, granting a preliminary injunction against the ban, a decision that stands to have a significant impact on the state's economy and energy sector.

The case, led by Texas along with Louisiana and a coalition of fourteen other states, argued that the prohibitive measure was not only unconstitutional but also went against the Natural Gas Act, which generally favors exports. This alliance mounted its legal offensive after pointing out the critical role that energy exports play, particularly in Texas — the nation's top producer of crude oil and natural gas — and the potential harm to jobs and industry revenue the ban could have imposed, as described on the Texas Attorney General's official site.

The court's decision is a win for the plaintiff states, with the judge noting, “The Court finds that the Plaintiff States are entitled to the Injunctive Relief requested as to the LNG Export Ban. Accordingly, the Court will grant Plaintiffs’ Motion for Preliminary Injunction, and order that the LNG Export Ban be stayed in its entirety, effective immediately,” as detailed by the official release. This injunction effectively halts the ban, allowing energy producers to continue with LNG exports as the lawsuit moves forward through the courts.

Attorney General Paxton celebrated the victory, emphasizing the importance of this ruling for the Texan energy sector and market continuity. "This ruling means Biden's illegal ban does not prevent Texas natural gas from reaching market while the lawsuit continues," Paxton stated. "While I continue fighting for Texans against the Biden Administration, producers can take their natural gas to market instead of flaring it. This will protect Texas jobs and keep our critical energy industry running." These remarks come at a time when tensions between state and federal authorities over energy policy are particularly pronounced, as reported by the Texas Attorney General's website.

With the ban stayed, Texas and its fellow plaintiffs will be monitoring the ongoing lawsuit, with critical implications for their economies and national energy policy hanging in the balance. The contentious debate around energy exports — and who gets to wield the power over them — is far from over, but for now, the court's decision remains a significant checkpoint in this ongoing legal and regulatory saga.