15 U.S.C. § 717b

Exportation or importation of natural gas; LNG terminals

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(a) Mandatory authorization order

After six months from June 21, 1938, no person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Commission authorizing it to do so. The Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed exportation or importation will not be consistent with the public interest. The Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Commission may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order in the premises as it may find necessary or appropriate.

(b) Free trade agreementsWith respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and with respect to liquefied natural gas—(1) the importation of such natural gas shall be treated as a “first sale” within the meaning of section 3301(21) of this title; and(2) the Commission shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis.(c) Expedited application and approval process

For purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay.

(d) Construction with other lawsExcept as specifically provided in this chapter, nothing in this chapter affects the rights of States under—(1) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.);(2) the Clean Air Act (42 U.S.C. 7401 et seq.); or(3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).(e) LNG terminals(1) The Commission shall have the exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of an LNG terminal. Except as specifically provided in this chapter, nothing in this chapter is intended to affect otherwise applicable law related to any Federal agency’s authorities or responsibilities related to LNG terminals.(2) Upon the filing of any application to site, construct, expand, or operate an LNG terminal, the Commission shall—(A) set the matter for hearing;(B) give reasonable notice of the hearing to all interested persons, including the State commission of the State in which the LNG terminal is located and, if not the same, the Governor-appointed State agency described in section 717b–1 of this title;(C) decide the matter in accordance with this subsection; and(D) issue or deny the appropriate order accordingly.(3)(A) Except as provided in subparagraph (B), the Commission may approve an application described in paragraph (2), in whole or part, with such modifications and upon such terms and conditions as the Commission find 11 So in original. Probably should be “finds”. necessary or appropriate.(B) Before January 1, 2015, the Commission shall not—(i) deny an application solely on the basis that the applicant proposes to use the LNG terminal exclusively or partially for gas that the applicant or an affiliate of the applicant will supply to the facility; or(ii) condition an order on—(I) a requirement that the LNG terminal offer service to customers other than the applicant, or any affiliate of the applicant, securing the order;(II) any regulation of the rates, charges, terms, or conditions of service of the LNG terminal; or(III) a requirement to file with the Commission schedules or contracts related to the rates, charges, terms, or conditions of service of the LNG terminal.(C) Subparagraph (B) shall cease to have effect on January 1, 2030.(4) An order issued for an LNG terminal that also offers service to customers on an open access basis shall not result in subsidization of expansion capacity by existing customers, degradation of service to existing customers, or undue discrimination against existing customers as to their terms or conditions of service at the facility, as all of those terms are defined by the Commission.(f) Military installations(1) In this subsection, the term “military installation”—(A) means a base, camp, post, range, station, yard, center, or homeport facility for any ship or other activity under the jurisdiction of the Department of Defense, including any leased facility, that is located within a State, the District of Columbia, or any territory of the United States; and(B) does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects, as determined by the Secretary of Defense.(2) The Commission shall enter into a memorandum of understanding with the Secretary of Defense for the purpose of ensuring that the Commission coordinate and consult 22 So in original. Probably should be “coordinates and consults”. with the Secretary of Defense on the siting, construction, expansion, or operation of liquefied natural gas facilities that may affect an active military installation.(3) The Commission shall obtain the concurrence of the Secretary of Defense before authorizing the siting, construction, expansion, or operation of liquefied natural gas facilities affecting the training or activities of an active military installation.(June 21, 1938, ch. 556, § 3, 52 Stat. 822; Pub. L. 102–486, title II, § 201, Oct. 24, 1992, 106 Stat. 2866; Pub. L. 109–58, title III, § 311(c), Aug. 8, 2005, 119 Stat. 685.)Editorial NotesReferences in Text

The Coastal Zone Management Act of 1972, referred to in subsec. (d)(1), is title III of Pub. L. 89–454 as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables.

The Clean Air Act, referred to in subsec. (d)(2), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

The Federal Water Pollution Control Act, referred to in subsec. (d)(3), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

Amendments

2005—Pub. L. 109–58, § 311(c)(1), inserted “; LNG terminals” after “natural gas” in section catchline.

Subsecs. (d) to (f). Pub. L. 109–58, § 311(c)(2), added subsecs. (d) to (f).

1992—Pub. L. 102–486 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

Executive DocumentsTransfer of Functions

Enforcement functions of Secretary or other official in Department of Energy and Commission, Commissioners, or other official in Federal Energy Regulatory Commission related to compliance with authorizations for importation of natural gas from Alberta as pre-deliveries of Alaskan gas issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to the Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(d), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out under section 719e of this title. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of this title. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of this title.

Delegation of Functions

Functions of President respecting certain facilities constructed and maintained on United States borders delegated to Secretary of State, see Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, set out as a note under section 301 of Title 3, The President.

Ex. Ord. No. 10485. Providing for the Performance of Certain Functions Heretofore Performed by the President With Respect to Electric Power and Natural Gas Facilities Located on the Borders of the United States

Ex. Ord. No. 10485. Sept. 3, 1953, 18 F.R. 5397, as amended by Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, provided:

Section 1. (a) The Secretary of Energy is hereby designated and empowered to perform the following-described functions:

(1) To receive all applications for permits for the construction, operation, maintenance, or connection, at the borders of the United States, of facilities for the transmission of electric energy between the United States and a foreign country.

(2) To receive all applications for permits for the construction, operation, maintenance, or connection, at the borders of the United States, of facilities for the exportation or importation of natural gas to or from a foreign country.

(3) Upon finding the issuance of the permit to be consistent with the public interest, and, after obtaining the favorable recommendations of the Secretary of State and the Secretary of Defense thereon, to issue to the applicant, as appropriate, a permit for such construction, operation, maintenance, or connection. The Secretary of Energy shall have the power to attach to the issuance of the permit and to the exercise of the rights granted thereunder such conditions as the public interest may in its judgment require.

(b) In any case wherein the Secretary of Energy, the Secretary of State, and the Secretary of Defense cannot agree as to whether or not a permit should be issued, the Secretary of Energy shall submit to the President for approval or disapproval the application for a permit with the respective views of the Secretary of Energy, the Secretary of State and the Secretary of Defense.

Sec. 2. [Deleted.]

Sec. 3. The Secretary of Energy is authorized to issue such rules and regulations, and to prescribe such procedures, as it may from time to time deem necessary or desirable for the exercise of the authority delegated to it by this order.

Sec. 4. All Presidential Permits heretofore issued pursuant to Executive Order No. 8202 of July 13, 1939, and in force at the time of the issuance of this order, and all permits issued hereunder, shall remain in full force and effect until modified or revoked by the President or by the Secretary of Energy.

Sec. 5. Executive Order No. 8202 of July 13, 1939, is hereby revoked.

Notes of Decisions

Cited in 121 cases (33 in the last 5 years), 1955–2026 · leading case: Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Mgmt. Council, 589 F.3d 458 (1st Cir. 2009).

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Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Mgmt. Council, 589 F.3d 458 (1st Cir. 2009). · cites it 8× “It does so by limiting FERC’s exclusive authority in two ways relevant to this case.”

AES Sparrows Point LNG, LLC v. Smith, 527 F.3d 120 (4th Cir. 2008). · cites it 11× “See 15 U.S.C. § 717b—1(b). The NGA also contains two provisions, added in 2005, that are pertinent to this appeal.”

Sierra Club v. Fed. Energy Regulatory Comm'n, 827 F.3d 59 (D.C. Cir. 2016). · cites it 4× “821, 822 (codified as amended at 15 U.S.C. § 717b), required the now-defunct Federal Power Commission (“FPC”) to approve any application to export natural gas to a foreign country unless the proposed export “will not be consistent with the public interest.”

Sierra Club v. Fed. Energy Regulatory Comm'n, 827 F.3d 36 (D.C. Cir. 2016). · cites it 4× “” 15 U.S.C. § 717b(a). In addition, the Department of Energy’s determination of the public interest in the export of natural gas depends on the country to which the gas will be exported.”

EarthReports, Inc. v. Fed. Energy Regulatory Comm'n, 828 F.3d 949 (D.C. Cir. 2016). · cites it 4× “It sought authorization to construct and operate liquefaction facilities for the export of LNG under section 3 of the Natural Gas Act (“NGA”), 15 U.S.C. § 717b, and pipeline-related compressor facilities for the transport of the natural gas under NGA § 7, id.”

BP Energy Co. v. Fed. Energy Regulatory Comm'n, 828 F.3d 959 (D.C. Cir. 2016). · cites it 7× “” 15 U.S.C. § 717b(e)(3)(B)(ii). As a result, LNG terminals are no longer required to offer open access terminal services at cost-based rates and instead may contract with customers for terminal services based on market-based rates.”

Columbia Riverkeeper v. United States Coast Guard, 761 F.3d 1084 (9th Cir. 2014). · cites it 7× “The Natural Gas Act of 1938 (NGA) authorized FERC’s predecessor agency (the Federal Power Commission) to approve the import and export of natural gas, 15 U.S.C. § 717b (1938), and the extension and improvement of transportation facilities, 15 U.”

Delaware Riverkeeper Network v. Sec'y Pennsylvania Dep't of Env't Prot., 833 F.3d 360 (3rd Cir. 2016). · cites it 3× “15 U.S.C. § 717b(d). 10 . See 33 U.S.C. § 1311 .”

Transcontinental Gas Pipe Line Co LLC v. Pennsylvania Env't Hearing Bd., 108 F.4th 144 (3rd Cir. 2024). · cites it 7× “15 U.S.C. § 717b(d) (emphasis added). Still, that clause is not an airtight anti-preemption provision because it allows for the Natural Gas Act to limit the scope of state regulation under those three statutes.”

Sierra Club v. Fed. Energy Regulatory Comm'n, 867 F.3d 1357 (D.C. Cir. 2017). · cites it 2× “Congress has granted the Commission “the exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of an [export] terminal,” 15 U.S.C. § 717b(e)(1), and to impose any conditions on those terminals the Commission finds to be…”

E. & J. Gallo Winery v. Encana Corp., 503 F.3d 1027 (9th Cir. 2007). · cites it 4× “2866 (codified at 15 U.S.C. § 717b(b) [9] ). Congress's decision to remove FERC's authority to set prices for first sales left the determination of natural gas prices at the wellhead to market forces.”

Sierra Club v. United States Dep't of Energy, 867 F.3d 189 (D.C. Cir. 2017). · cites it 3× “” 15 U.S.C. § 717b(a). The Department’s discretion in this regard depends on whether the country to which the gas will be exported is one that has with the United States a “free trade agreement requiring national treatment for trade in natural gas” (a “Free Trade” country).”

Show all 121 citing cases →

— 15 U.S.C. § 717b(3)(1) — 1 case

Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Mgmt. Council, 589 F.3d 458 (1st Cir. 2009). “It does so by limiting FERC’s exclusive authority in two ways relevant to this case.”

— 15 U.S.C. § 717b(a) — 26 cases

Sierra Club v. Fed. Energy Regulatory Comm'n, 827 F.3d 59 (D.C. Cir. 2016). “821, 822 (codified as amended at 15 U.S.C. § 717b), required the now-defunct Federal Power Commission (“FPC”) to approve any application to export natural gas to a foreign country unless the proposed export “will not be consistent with the public interest.”

EarthReports, Inc. v. Fed. Energy Regulatory Comm'n, 828 F.3d 949 (D.C. Cir. 2016). “It sought authorization to construct and operate liquefaction facilities for the export of LNG under section 3 of the Natural Gas Act (“NGA”), 15 U.S.C. § 717b, and pipeline-related compressor facilities for the transport of the natural gas under NGA § 7, id.”

Sierra Club v. United States Dep't of Energy, 867 F.3d 189 (D.C. Cir. 2017). “” 15 U.S.C. § 717b(a). The Department’s discretion in this regard depends on whether the country to which the gas will be exported is one that has with the United States a “free trade agreement requiring national treatment for trade in natural gas” (a “Free Trade” country).”

Ctr. for Biological Diversity v. FERC, 67 F.4th 1176 (D.C. Cir. 2023).

Sierra Club v. Fed. Energy Regulatory Comm'n, 827 F.3d 36 (D.C. Cir. 2016). “” 15 U.S.C. § 717b(a). In addition, the Department of Energy’s determination of the public interest in the export of natural gas depends on the country to which the gas will be exported.”

— 15 U.S.C. § 717b(b) — 6 cases

E. & J. Gallo Winery v. Encana Corp., 503 F.3d 1027 (9th Cir. 2007). “2866 (codified at 15 U.S.C. § 717b(b) [9] ). Congress's decision to remove FERC's authority to set prices for first sales left the determination of natural gas prices at the wellhead to market forces.”

Learjet, Inc. v. Oneok, Inc., 715 F.3d 716 (9th Cir. 2013).

Leggett v. Duke Energy Corp., 308 S.W.3d 843 (Tenn. 2010).

Abelman Art Glass v. AEP Energy Servs., Inc., 248 F. App'x 821 (9th Cir. 2007).

E. & J. Gallo v. Encana Corp. (9th Cir. 2007).

— 15 U.S.C. § 717b(c) — 4 cases

Kelsey Rose Juliana v. United States, 947 F.3d 1159 (9th Cir. 2020).

City of Oberlin, Ohio v. FERC, 39 F.4th 719 (D.C. Cir. 2022).

Sierra Club v. DOE (D.C. Cir. 2025).

Sierra Club v. DOE, 134 F.4th 568 (D.C. Cir. 2025).

— 15 U.S.C. § 717b(d) — 35 cases

Delaware Riverkeeper Network v. Sec'y Pennsylvania Dep't of Env't Prot., 833 F.3d 360 (3rd Cir. 2016). “15 U.S.C. § 717b(d). 10 . See 33 U.S.C. § 1311 .”

Transcontinental Gas Pipe Line Co LLC v. Pennsylvania Env't Hearing Bd., 108 F.4th 144 (3rd Cir. 2024). “15 U.S.C. § 717b(d) (emphasis added). Still, that clause is not an airtight anti-preemption provision because it allows for the Natural Gas Act to limit the scope of state regulation under those three statutes.”

Tenn. Gas Pipeline Co. v. Permanent Easement for 7.053 Acres, 931 F.3d 237 (3rd Cir. 2019).

AES Sparrows Point LNG, LLC v. Smith, 527 F.3d 120 (4th Cir. 2008). “See 15 U.S.C. § 717b—1(b). The NGA also contains two provisions, added in 2005, that are pertinent to this appeal.”

Twp. of Bordentown v. Fed. Energy Regulatory Comm'n, 903 F.3d 234 (3rd Cir. 2018).

— 15 U.S.C. § 717b(d)(2) — 10 cases

Dominion Transmission, Inc. v. Robert Summers, 723 F.3d 238 (D.C. Cir. 2013).

Myersville Citizens for a Rural Cmty., Inc. v. Fed. Energy Regulatory Comm'n, 783 F.3d 1301 (D.C. Cir. 2015).

Town of Weymouth v. MA Dept. of Envir. Prot., 961 F.3d 34 (1st Cir. 2020).

Protecting Air for Waterville v. Ohio EPA (6th Cir. 2019).

City of Quincy v. MA Dept. of Envir. Prot., 21 F.4th 8 (1st Cir. 2021).

— 15 U.S.C. § 717b(d)(2007) — 1 case

AES Sparrows Point LNG, LLC v. Smith, 539 F. Supp. 2d 788 (D. Maryland 2007).

— 15 U.S.C. § 717b(d)(3) — 5 cases

Millennium Pipeline Co. v. Basil Seggos, 860 F.3d 696 (D.C. Cir. 2017).

Millennium Pipeline Co. v. Seggos, 288 F. Supp. 3d 530 (N.D.N.Y. 2017).

Transcontinental Gas Pipe Line Co LLC v. Pennsylvania Env't Hearing Bd. (3rd Cir. 2024).

— 15 U.S.C. § 717b(e) — 4 cases

Columbia Riverkeeper v. United States Coast Guard, 761 F.3d 1084 (9th Cir. 2014). “The Natural Gas Act of 1938 (NGA) authorized FERC’s predecessor agency (the Federal Power Commission) to approve the import and export of natural gas, 15 U.S.C. § 717b (1938), and the extension and improvement of transportation facilities, 15 U.”

Millennium Pipeline Co. v. Basil Seggos, 860 F.3d 696 (D.C. Cir. 2017).

Alabama Mun. Distributors Grp. v. FERC, 100 F.4th 207 (D.C. Cir. 2024).

— 15 U.S.C. § 717b(e)(1) — 16 cases

AES Sparrows Point LNG, LLC v. Smith, 527 F.3d 120 (4th Cir. 2008). “See 15 U.S.C. § 717b—1(b). The NGA also contains two provisions, added in 2005, that are pertinent to this appeal.”

Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Mgmt. Council, 589 F.3d 458 (1st Cir. 2009). “It does so by limiting FERC’s exclusive authority in two ways relevant to this case.”

Sierra Club v. Fed. Energy Regulatory Comm'n, 867 F.3d 1357 (D.C. Cir. 2017). “Congress has granted the Commission “the exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of an [export] terminal,” 15 U.S.C. § 717b(e)(1), and to impose any conditions on those terminals the Commission finds to be…”

Vecinos para el Bienestar de la Comunidad Costera v. FERC, 6 F.4th 1321 (D.C. Cir. 2021).

Sierra Club v. LDEQ, 100 F.4th 555 (5th Cir. 2024).

— 15 U.S.C. § 717b(e)(2)(B) — 1 case

— 15 U.S.C. § 717b(e)(3)(B)(ii) — 1 case

BP Energy Co. v. Fed. Energy Regulatory Comm'n, 828 F.3d 959 (D.C. Cir. 2016). “” 15 U.S.C. § 717b(e)(3)(B)(ii). As a result, LNG terminals are no longer required to offer open access terminal services at cost-based rates and instead may contract with customers for terminal services based on market-based rates.”

— 15 U.S.C. § 717b(e)(4) — 1 case

— 15 U.S.C. § 717b(e)(l) — 10 cases

Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Mgmt. Council, 589 F.3d 458 (1st Cir. 2009). “It does so by limiting FERC’s exclusive authority in two ways relevant to this case.”

— 15 U.S.C. § 717b(f)(3) — 1 case

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