Well report No. RR-6835 · T9N · R10W · SEC 21 · filed September 30, 2026

Gas & LNGWell report

Fifth Circuit Clears Delfin LNG Deepwater Port License Challenge

A Fifth Circuit panel dismissed a challenge to MARAD's license for Delfin LNG's floating liquefaction port off Louisiana, finding green groups lacked standing to sue.

Field notes

  1. A three-judge 5th Circuit panel on Tuesday denied the petition challenging MARAD's license for the Delfin LNG floating liquefaction facility off Louisiana.
  2. Judge Don Willett wrote that petitioners showed no 'injury in fact fairly traceable to MARAD's licensing decision,' so the court lacked power to reach the merits.
  3. Judges Jerry Smith (Reagan appointee) and Irma Ramirez (Biden appointee) joined the unanimous opinion; MARAD issued the license last year under the Trump administration.

A federal appeals court on Tuesday dismissed the last-standing legal challenge to the Delfin LNG deepwater export port off the Louisiana coast, removing a procedural obstacle from a floating liquefaction project that holds a Maritime Administration license issued last year.

The ruling matters for Gulf Coast export capacity. Delfin LNG's planned facility would liquefy natural gas aboard floating vessels moored in deep water offshore Louisiana, a configuration that lets the project ship cargoes without building an onshore plant. MARAD issued the license during the Trump administration, and environmental groups sued to overturn it.

A three-judge panel on the 5th U.S. Circuit Court of Appeals ruled the groups had not cleared the threshold question of standing. The court found the petitioners failed to demonstrate that any of their members suffered harm traceable to MARAD's licensing decision.

"Because Petitioners have not shown an injury in fact fairly traceable to MARAD's licensing decision, we lack power to reach the merits," Judge Don Willett, a Trump appointee, wrote for the court. "We therefore DENY the petition for review."

The opinion was brief and unanimous. Judge Jerry Smith, a Reagan appointee, and Judge Irma Ramirez, a Biden appointee, joined Willett, a crossover of appointments from three administrations that produced no dissent.

The decision is a win for the Trump administration's authorization, which the court left undisturbed without evaluating the substance of the environmental claims. Because the panel dismissed on standing grounds, it expressed no view on the merits of the arguments the groups raised against the license.

For Delfin, the ruling keeps the federal license in place. The company's project had drawn opposition from environmental organizations over its offshore location and the export volumes it would add to the US Gulf Coast LNG buildout, alongside onshore terminals such as Cheniere Energy's liquefaction plant in Port Arthur, Texas.

The legal question turned on procedure rather than policy. To sue in federal court, plaintiffs must show a concrete, particularized injury — a member who is demonstrably harmed by the challenged action — before a court can reach the underlying claims. The panel concluded the environmental groups' filings did not meet that standard with respect to MARAD's decision to license the deepwater port.

The dismissal closes this avenue of challenge at the appellate level. The groups could seek further review, including a petition for rehearing before the full Fifth Circuit or an appeal to the Supreme Court, but Tuesday's opinion gives no indication the panel expects either to succeed.

Watch item: whether the environmental groups pursue en banc review or a Supreme Court petition, and whether Delfin moves to finalize its financing and construction timeline for the floating liquefaction vessels now that the license challenge has failed at the Fifth Circuit.

via eenews.net (Original)

Filed under

  • lng
  • delfin-lng
  • 5th-circuit
  • marad
  • deepwater-port
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