A proposed expansion of the Sabine Pass liquefied natural gas export facility in Louisiana could threaten the federally protected eastern black rail, a marsh bird, according to new environmental analysis done by the Federal Energy Regulatory Commission.

Cheniere Energy’s Sabine Pass LNG Stage 5 expansion project in Cameron Parish is "likely to adversely affect" the eastern black rail, a secretive, sparrow-sized bird, the federal energy regulator ruled in a draft environmental impact statement released in early April.

The commission’s draft environmental review includes habitat mitigation measures that place the Sabine Pass expansion project on track for a permit.

Three other proposed or existing export facilities on the Louisiana coast – Commonwealth LNG and Venture Global’s Plaquemines LNG and Calcasieu Pass 2 LNG – have faced legal challenges centered on their impacts on the eastern black rail and the bird’s sensitive marsh habitat.

The U.S. Fish and Wildlife Service estimates the population of the eastern black rail has declined in the eastern United States by 75% in the last 10 to 20 years.

In October 2020, the service officially listed the eastern black rail as threatened but declined to designate critical habitat, saying publicizing the bird’s location would invite disturbance from overzealous birders.

Following a legal challenge by the Center for Biological Diversity and Healthy Gulf, a federal court ruled in July that the service’s refusal to designate specific habitat for the marsh bird was unlawful.

“Habitat loss is driving the eastern black rail to the brink of extinction and this decision recognizes that the Fish and Wildlife Service can’t ignore that reality,” said Kristine Akland, senior attorney at the Center for Biological Diversity, after the ruling. “Protecting wetlands is essential if this secretive little bird is going to have a fighting chance to survive rising seas and relentless development.”

The federal court ordered the service to reconsider, finding it had failed to properly analyze how a formal habitat designation would benefit the species' survival – specifically when weighed against the dual threats of industrial development and rising sea levels.

About one month later, the service released the Eastern Black Rail Draft Recovery Plan, which provides an outline for saving the species over a 60-year period at a projected cost to taxpayers of approximately $420 million.

Cheniere’s Stage 5 expansion would add three liquefaction units, or “trains” – numbers seven, eight and nine – at the Sabine Pass export facility, according to an amended application filed with federal regulators in June. The three trains would potentially increase peak production at the plant by approximately 20 million metric tons of LNG annually, according to an Securities and Exchange Commission filing.

The federal energy regulator concluded that while most environmental impacts would be temporary or short-term during construction, the project would cause some permanent effects on wetlands, forested lands, and air quality.

To mitigate these impacts and protect species like the eastern black rail, federal regulators are requiring Cheniere to implement a suite of oversight plans that include “strict” controls for erosion and spill prevention, specialized wetland construction procedures, and a horizontal directional drilling plan designed to minimize surface disturbance. During construction, Cheniere must also follow protocols for weed control, traffic management, and ongoing community engagement, the commission said in a statement announcing the ruling.

The Center Square was unsuccessful prior to publication getting comment from Healthy Gulf.