Court Agrees with Justice Department that Environmental Groups Lack Standing to Challenge Deepwater Port

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Press Release
The U.S. Court of Appeals for the Fifth Circuit yesterday denied a petition for review in a legal challenge to the Maritime Administration’s issuance of a deepwater port license to Delfin LNG. In denying the petition, the court held that three environmental groups failed to establish standing. The court did not rule on the merits of the case because the petitioners did not show any injury that might be traced to the challenged project.
“This project is an important part of the President’s energy dominance agenda, as evidenced by the President’s directives to the Maritime Administration about this project in his Unleashing American Energy Executive Order,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Energy and Natural Resources Division (ENRD). “The Fifth Circuit’s ruling will make it harder for environmental groups — who have no stake in important energy projects — to challenge projects that will bring jobs and prosperity to Americans.”
“This commonsense ruling ensures that this vital energy infrastructure project won't be derailed by Far Left climate activists,” said Maritime Administrator Stephen M. Carmel. “Under the President's directive, the Maritime Administration is proud to support the Delfin LNG Deepwater port’s operations and the good-paying jobs it'll create while unleashing America’s energy dominance.”
The Delfin deepwater port will export liquefied natural gas (LNG). The Maritime Administration first authorized the port in 2017. In 2024, the Biden Administration told Delfin that more environmental review was necessary and declined to issue a license for the port. In the January 2025 Unleashing American Energy executive order, President Trump directed the Maritime Administration to consider again whether additional environmental review was necessary and then to issue the license. The Maritime Administration licensed the project in March 2025.
Attorney Rebecca Jaffe of ENRD argued the case before the Fifth Circuit. Deputy Assistant Attorney General Robert Stander and Appellate Deputy Chief Robert Lundman of ENRD also worked on this matter.