The US Court of Appeals for the Fifth Circuit upheld the decision of the Secretary of Transportation to grant a license for the construction and operation of the Gulf Landing LNG DWP in the Gulf of Mexico. Plaintiffs had challenged the decision, asserting that the environmental impact statement (EIS) was deficient and that the Secretary should have required the use of a "closed loop" system for warming the liquefied natural gas (LNG). The court found that the Secretary's actions were not arbitrary and capricious and did not violate the "best available technology" requirement of the Deepwater Port Act. Gulf Restoration Network v. US Department of Transportation, No. 05-60321
Source: HK Law