America doesn’t have an energy shortage. We have a lawsuit problem

Published September 23, 2026 5:00am ET



America does not have an energy shortage. We have an infrastructure problem. The United States is the world’s largest producer of natural gas, with abundant reserves, American workers ready to build, and the technology to power our homes, businesses, and industries for generations. But producing energy does little good if we cannot build the infrastructure necessary to move it where it is needed. Increasingly, the obstacle is a legal system that can turn federal approval into the beginning of years of litigation.

When the Federal Energy Regulatory Commission issues a certificate of public convenience and necessity for an interstate natural-gas pipeline, the project has already undergone extensive federal review, environmental analysis, public comment, and expert agency consideration. Judicial review should remain available to people genuinely harmed by an agency decision. But it should not become a mechanism for opponents to delay an approved project until it becomes too expensive to build.

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