Healthy Gulf v. U.S. Army Corps of Engineers

The Fifth Circuit denied the petition for review, rejecting claims that the permit violated the Clean Water Act and was arbitrary and capricious. Neither the opinion nor the parties' briefing focused on greenhouse gas emissions associated with the facility or on wetlands' functions in providing protection from floods and hurricanes.

Healthy Gulf and Sierra Club filed a petition for review in the Fifth Circuit Court of Appeals challenging a Clean Water Act Section 404 permit issued by the U.S. Army Corps of Engineers for the Driftwood liquefied natural gas (LNG) export terminal in southwest Louisiana. In a <a href="https://healthygulf.org/press_releases/healthy-gulf-and-sierra-club-sue-army-corps-over-driftwood-lng-permit/">press release</a> announcing the lawsuit, the petitioners said the permit “falls short of legal requirements to avoid and compensate for impacts to wetlands,” which are “necessary natural storm barriers to hurricanes and help prevent flooding.” The press release also described the facility’s climate impact as “staggering,” stating that the annual lifecycle emissions of the produced LNG—from extraction to combustion—would equal the annual emissions of 42 coal plants. In addition, the press release cited environmental justice concerns.