The Struggle between States and the Federal Government on the Siting of LNG Import Terminals: Has a Red Tide Washed Ashore in the Blue States?

The Energy Policy Act of 2005 transfers, in some circumstances, implementation of the public trust doctrine from the state to the federal government. Implicit in the public trust doctrine is the issue of public safety and environmental concerns. Proponents of such facilities are challenged with weighing such factors to make a successful proposal to federal and state agencies.