The Appeals Court for the D.C. Circuit reinstated the permits of two South Texas LNG projects that the judicial panel had vacated last year, according to court documents released on March 18.

Glenfarne Group’s Texas LNG and NextDecade’s Rio Grande LNG, two projects to be located in the port of Brownsville, Texas, saw the court vacate their permits from the Federal Energy Regulatory Commission (FERC) in August 2024, following a lawsuit from a coalition of local and environmental activists.

The court ruled to reinstate the permits while the FERC and the companies draft new environmental impact statements that meet guidelines set by the court.

“Having considered the parties’ positions, the court partially grants the petitions for rehearing to the extent that we will remand without vacatur for the (FERC) to conduct further proceedings,” the court wrote in both opinions.

Rio Grande LNG is under construction. Work did not stop on the project when the permit was withdrawn. Glenfarne expects to reach a final investment decision on Texas LNG by the end of the year.

Both LNG companies released statements following the court’s ruling.

“We are pleased with today’s revised Court judgment, which ensures construction at the Rio Grande LNG facility will not be impacted by the Court,” said Matt Schatzman, NextDecade’s CEO.

Texas LNG is expected to produce  4 million tonnes per year (mtpa) and Rio Grande LNG up to 27 mtpa at full capacity.

The two projects were two of three permits revoked by the D.C. appeals court over the summer. The third revoked permit affected Williams Cos.’ Regional Access Project, a mid-Atlantic expansion of the region’s natural gas transport network to utilities.

All of the rulings ordered FERC to consider the effects of the projects’ impacts on environmental justice for the surrounding areas and to include more details on the release of greenhouse gases.

The FERC reinstated Williams’ permit in January. The new facilities on the project were already in operation at the time of the court proceeding and have continued operations since.