Unlocking our Domestic LNG Potential Act of 2025

Enumerated powers · passes

The regulation of natural gas import and export, and the siting of LNG terminals for that purpose, falls squarely within Congress's power to regulate foreign commerce under Article I, Section 8, Clause 3. The Natural Gas Act is a valid exercise of this power, and this bill modifies that framework without exceeding enumerated authority.

Bill of Rights · passes

The bill addresses economic regulation of natural gas trade and facility siting. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, fair trial, jury, cruel and unusual punishment, unenumerated rights, or reserved powers. No amendment is implicated.

Individual liberty · passes

The bill does not restrict what individuals may do with their person, property, speech, labor, or belief. It modifies the regulatory framework for corporations seeking to build LNG terminals, which is a legitimate government interest in safety, environment, and commerce. The requirement for FERC approval is a standard, non-arbitrary regulation that does not impose an undue burden on individual freedom.

Decentralization · passes

The bill addresses foreign commerce, which the Constitution assigns exclusively to the federal government. An individual or family cannot handle large-scale LNG terminal siting. Local communities lack jurisdiction over foreign trade. States cannot independently authorize foreign commerce. The consolidation of decision-making at the federal level (FERC) is the minimum necessary because the subject matter is constitutionally federal. The Tenth Amendment is not violated.

Due process and takings · passes

The bill does not bypass procedural due process; FERC will follow its established procedures for notice and comment. It does not take private property without just compensation; it regulates the siting of new facilities, which is a permissible exercise of the commerce power. The directive that FERC must deem export/import consistent with the public interest is a legislative policy choice, not a denial of due process.