A federal appeals court has stripped Sentinel Midstream's Texas GulfLink crude export terminal of its federal authorization, finding the licensing agency committed "serious procedural errors." The US Court of Appeals for the Fifth Circuit vacated the license on Aug. 12, according to Oil & Gas Journal.
The court found that the US Maritime Administration (MARAD) breached the Deepwater Port Act by drawing an improper boundary map that overlooked pipeline infrastructure overlapping with a competing terminal, the Sea Port Oil Terminal (SPOT), Oil & Gas Journal reported.
The challenge came from Citizens for Clean Air & Clean Water in Brazoria County, known as Better Brazoria and represented by Earthjustice. The group argued that MARAD violated the "one port" rule when it issued the GulfLink license in February, according to Oil & Gas Journal.
GulfLink sits about 30 miles offshore Freeport, Texas, and was designed to load Very Large Crude Carriers (VLCCs) at rates of up to 1 million b/d, with the government of Japan and Freeport Commodities as offtakers, per Oil & Gas Journal.
The terminal's onshore and subsea build-out centers on a 44-mile, 42-in. OD pipeline. Oil & Gas Journal put the estimated investment at USD 2.1 billion, funded as part of a broader trade agreement between the US and Japan, with first operations scheduled for around 2028.
The overlap that undid the license involves a substantially larger rival. SPOT, developed by Enterprise Products Partners in partnership with Enbridge Inc., also lies about 30 miles from Freeport and is designed to handle VLCCs at export rates of up to 2 million b/d, according to Oil & Gas Journal. Its estimated cost is USD 2.5-3 billion.
Taken together, the two terminals were positioned in the same offshore corridor with pipeline routes MARAD failed to reconcile. That is the specific defect the Fifth Circuit identified in revoking federal authorization.