FERC Orders Approving Aguirre Offshore Gasport Challenged in Court
Comité Diálogo Ambiental, Inc. (“Diálogo”) has filed a petition for review with the U.S. Court of Appeals for the D.C. Circuit challenging FERC’s orders authorizing construction and operation of Aguirre Offshore GasPort, LLC’s (“Gasport”) proposed LNG import terminal on the southern shore of Puerto Rico near Salinas. Diálogo challenges FERC’s approval of Gasport “before completing the consultation process mandated by section 7 of the Endangered Species Act (“ESA”).” According to Diálogo, “FERC admits that the Gasport will adversely affect a number of protected species including highly endangered corals and sea turtles; and it acknowledges that formal section 7 consultation is required.” However, according to Diálogo, “FERC takes the position that section 3 of the Natural Gas Act … allows it to postpone [ESA] consultation until after it has approved construction and operation” of Gasport.