U.S. CHAMBER OF COMMERCE

Global Energy Institute - Beveridge & Diamond
Energy Tracker

Welcome to the Global Energy Institute - Beveridge & Diamond Energy Tracker. This site is intended to serve as a one-stop resource for monitoring key regulatory, judicial, and legislative developments associated with the Trump Administration’s energy policy agenda.

The Tracker interface immediately below provides a comprehensive, filterable and sortable list of energy-related federal actions tracked by date, agency, high-level topic area, and specific issue. The default view displays entries in reverse chronological order of the most recent substantive action by the relevant agency or court.

The Tracker will be updated regularly. This edition is updated through January 19, 2018. Notable developments in recent weeks include:

  • 1/8/18: FERC rejects DOE grid resiliency proposal and initiates new proceeding to study the issue further.

  • 1/8/18: Interior’s Bureau of Ocean Energy Management proposes 2019 - 2024 Outer-Continental Shelf oil and gas leasing program.

  • 1/5/18: EPA announces its intention to complete attainment designations for the 2015 ozone standard by 4/30/18.

  • 12/29/17: BLM finalizes proposal to repeal regulations pertaining to hydraulic fracturing on federal lands.

  • 12/29/17: Interior’s Bureau of Safety and Environmental Enforcement proposes to revise or eliminate a number of regulations regarding offshore drilling equipment.

  • 12/22/17: Congress passes Section 20001 of tax reform legislation authorizing oil and gas leasing in section 1002 of Arctic National Wildlife Refuge.

In addition to the comprehensive tracking database below, cumulative data quantifying the status and progress of Trump Administration energy actions is tabulated in this simplified quick reference list. As of this edition of the Tracker, energy-related actions taken by President Trump include 8 executive orders, 4 presidential memoranda, and provisions in 4 public laws. Further, by our best estimate, there are currently 16 energy-related regulatory/policy reforms initiated or under review, 7 reforms formally proposed, and 17 reform actions that have been finalized or completed. (These figures do not include project-specific actions such as leases or permit approvals.)

In addition, litigation pertaining to at least 15 actions is underway or ongoing. Among these, seven regulatory-related court cases are currently being held in abeyance, and in 3 instances court action has overturned Executive Branch postponement of regulatory implementation.

Please contact Dan Byers of GEI (dbyers@uschamber.com) or David Friedland of Beveridge and Diamond (dfriedland@bdlaw.com, 202.789.6047) with questions, updates, or suggestions. For specific legal documents, please contact Beveridge and Diamond.

 

Energy Tracker

Indicates Public Law
Topic Issue/Reg Order/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
Permitting / NEPA Pipelines
  • 2/3/2017

    FERC grants final permit approvals for Atlantic Sunrise Pipeline.

  • FERC
  • 1/16/2018

    Environmental Groups file motion to stay and enjoin all pipeline construction and all ground disturbing activities in Pennsylvania.

  • 11/8/2017

    Court enters order dissolving the 11/6/17 administrative stay order and denying emergency motion for stay.

     

  • 11/8/2017

    D.C. Cir. lifts its 11/6 stay, allowing construction to proceed.

  • 11/6/2017

    D.C. Cir. stays the FERC order pending further review Plaintiffs’ emergency motion.

  • 10/30/2017

    Environmental petitioners file an emergency motion to stay pipeline construction.

  • 3/23/2017

    Environmental groups file for review of final FERC order authorizing construction of the Transcontinental Gas Pipe Line Co. Atlantic Sunrise Project issued in February of 2017.  

more
Air Regulations Regional Haze
  • 9/11/2017

    EPA announces withdrawal of NOX portion of Arkansas regional haze FIP and approval of revised state implementation plan.

  • 7/13/2017

    EPA extends compliance deadline for September 2016 Arkansas Regional Haze Federal Implementation Plan (FIP) from April 2018 to January 2020.

  • 11/11/2017

    8th Circuit grants additional abeyance of case through 12/15/17.

more
  • EPA
  • 1/11/2018

    Entergy files motion to stay EPA’s final rule.

  • 1/11/2018

    Environmental groups file their amended response to State of Arkansas’s stay motion.

  • 1/10/2018

    EPA files its response to State of Arkansas’s motion for stay of final rule.

  • 1/4/2018

    Court grants EPA’s motion to hold petitions in abeyance for 90 days against opposition by Entergy and Environmental Groups.

  • 1/2/2018

    Environmental groups file their response to Entergy’s opposition.

  • 12/29/2017

    EPA files reply in support of motion to hold litigation in abeyance.

  • 12/26/2017

    Environmental groups file their opposition to State of Arkansas’s stay motion.

     

  • 11/1/2017

    8th Circuit grants additional abeyance of case through 12/15/17.

  • 7/31/2017

    8th Circuit grants 2-month abeyance of case on Arkansas Regional Haze FIP in response to Arkansas/EPA request. Abeyance granted through 9/26/17. 

  • 11/23/2016

    Private petitioner files for review of Agency final rule regarding Regional Haze.

more

Multi-association letter to EPA on proposed Arkansas Regional Haze FIP.

Case: AK Affordable Energy Coalition v. EPA, No. 16-4270 (8th Cir.)

More info on U.S. Chamber regional haze litigation activity

Air Regulations Clean Power Plan (Existing Source Performance Standards)
  • 11/8/2017

    EPA announces public hearing on proposed CPP repeal, and extends comment deadline on proposal to 1/18/18.

  • 10/23/2015

    Final Clean Power Plan published in Federal Register.

  • 10/16/2017

    EPA announces proposal to repeal Clean Power Plan and plans for Advance Notice of Proposed Rulemaking (ANPRM) to solicit comment on whether further regulatory action is warranted. (Link to comment docket)

  • 6/9/2017

    EPA submits proposed CPP changes to OMB for review. 

  • 3/28/2017

    Section 4 of Executive Order 13783 directs review and reconsideration of EPA Clean Power Plan.

more
  • Potus
  • EPA
  • 1/11/2018

    EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

  • 12/11/2017

    EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

  • 11/9/2017

    D.C. Circuit grants 60-day abeyance; orders EPA to provide 30-day status updates.

  • 10/17/2017

    Intervenors file their response to EPA’s status report and request for indefinite abeyance.

  • 10/10/2017

    EPA submits status report, stating that the Administrator signed a proposed rule to repeal the Clean power Plan. EPA requests the court to continue to hold case in abeyance.

  • 9/7/2017

    EPA submits status report, stating that the proposed rule will be published in Fall 2017 for public comment. EPA requests the court to continue to hold case in abeyance.

  • 8/8/2017

    D.C. Circuit grants another 60-day abeyance; reminds EPA that it has “affirmative statutory obligation to regulate greenhouse gases.” (Court Order)

  • 4/28/2017

    D.C. Circuit grants 60-day abeyance; orders EPA to provide 30 day status updates. Abeyance granted through approximately June 27.

more

Global Energy Institute statement on proposed repeal of Clean Power Plan (10/10/17)

Energy Institute information on Clean Power Plan and EPA carbon regulations.

Litigation details at U.S. Chamber Litigation Center.

Case: West Virginia v. EPA, No. 15-1363 (D.C. Cir.)

Permitting / NEPA Pipelines
  • 2/17/2017

    Army Corps issues Notice of Termination of the Intent To Prepare an Environmental Impact Statement in Connection With Dakota Access, LLC, approving the final easement for the pipeline.

  • 1/24/2017

    Presidential Memorandum declaring the Dakota Access Pipeline in the national interest, and directing relevant federal agencies to expedite review of the pipeline.

  • 1/10/2018

    Army Corps of Engineers files a summary judgment motion.

  • 1/10/2018

    Dakota Access files a summary judgment motion.

  • 12/4/2017

    Court enters order directing 1) the parties to coordinate finalizing an oil-spill response plan, and 2) Intervenor Dakota Access to select an independent engineering company, and 3) Intervenor Dakota Access to submit bi-monthly reports to the Court.

  • 11/15/2017

    Environmental petitioners file reply brief in support of their motion for imposition of remand condition.

  • 11/13/2017

    Environmental petitioners file motion for partial summary judgment.

  • 11/1/2017

    Defendant files opposition to petitioners’ motion for imposition of remand conditions.

  • 11/1/2017

    Intervenor files its motion regarding imposition of remand conditions.

  • 10/11/2017

    District Court enters a decision allowing Dakota Access pipeline to stay in operation while U.S. Army Corps of Engineers conducts further environmental review of the project.

  • 10/6/2017

    Court grants Plaintiff’s Motion to Amend Protective Order.

  • 6/14/2017

    D.C. District Court rules in part that certain portions of the approved site must be re-evaluated but leaves open the question of whether the Corps must stop working on the pipeline

  • 7/27/2016

    Environmental petitioners file for review of final agency authorization of construction of the Dakota Access Pipeline.

  • 1/29/2017

    Dakota Access files its first status report.

more

Chamber applauds final approval of the Dakota Access Pipeline.

Blog: Oil is Flowing Through the Dakota Access Pipeline, and North Dakota is Benefiting.

Case: Standing Rock Sioux Tribe v. Army Corps of Engineers, No. 17-cv-267 (D.D.C.)

Case details at Chamber litigation center

Electricity Grid Management
  • 1/8/2018

    FERC rejects DOE grid resiliency proposal and initiates new proceeding to study the issue further. FERC

    (Agency release)

  • 10/10/2017

    Department of Energy proposes Grid Resiliency Pricing Rule under Federal Power Act calling on FERC to order changes to pricing of resiliency and reliability attributes.

  • 10/4/2017

    FERC releases scoping questions for comment period on DOE Grid Reliability and Resiliency Pricing proposal.

more
  • Energy
  • FERC

    FERC Docket No. RM18-1-000

    Permitting / NEPA Pipelines
    • 4/4/2017

      Department of State issues Presidential Permit to Keystone XL pipeline.

    • 1/24/2017

      Presidential Memorandum directing relevant federal agencies to promptly complete review of the proposed Keystone XL pipeline.

    • 1/8/2018

      Plaintiffs file motion to compel the completion of administrative records and to lift confidentiality designation.

    more
    • Potus
    • Army Corps
    • 12/6/2017

      Federal Defendants file  reply brief supporting their motion to limit judicial review to the administrative record.

    • 11/22/2017

      Court enters order denying the Federal Defendants’ motion to dismiss.

    • 11/22/2017

      Environmental Plaintiffs file their respective responses to Federal Defendants’ motion.

    • 11/8/2017

      Federal defendants file brief in support of their motion to limit judicial review of all claims to the administrative records.

    • 10/4/2017

      Parties file statement of stipulated facts; Plaintiffs file a Preliminary Pretrial Statement

    • 3/30/2017

      Environmental petitioners file for review of final agency approval of construction of the Keystone XL pipeline.

    more

    Blog: Keystone XL Update (11/19/17).

    Chamber President and CEO Donohue’s statement on the Trump administration’s approval of the Keystone XL pipeline.

    Case: N. Plains Res. Council v. Shannon, No. 17-cv-00031 (D. Mont.)

    Permitting / NEPA Pipelines
    • FERC
    • 1/8/2018

      Environmental petitioners file lawsuit against FERC challenging authorization of construction of the Mountain Valley Pipeline.

    Case: Appalachian Voices v. FERC, No. CP16-10-000

    Land Management / Leasing Outer Continental Shelf (OCD) Oil and Gas Leasing
    • 6/29/2017

      President Trump announces that Interior Secretary Zinke has initiated an RFI to consider changes to the 5-year National Offshore Oil and Gas Leasing Program on the Outer Continental Shelf (OCS) for the years 2019-2024.

    • 1/8/2018

      Interior’s Bureau of Ocean Energy Management proposes 2019 - 2024 Outer-Continental Shelf oil and gas leasing program.

    • Interior

      Global Energy Institute Statement on Proposed Offshore Drilling Program (1/4/18)

       
      Air Regulations Ozone NAAQS
      • 1/5/2018

        EPA announces its intention to complete attainment designations for the 2015 ozone standard by 4/30/18.

      • 11/16/2017

        EPA issues attainment designations for 2,646 counties under the 2015 ozone standard; indicates remaining designations (15% of U.S. counties) will be issued at a later date.

        (News Summary)

      • 8/2/2017

        EPA withdraws prior decision to extending attainment designation deadlines.

      • 6/7/2017

        EPA postpones 2015 ozone standard attainment designations for one year, citing insufficient information to make compliance decision.

      more
      • EPA
      • 1/8/2018

        EPA submits status report,  stating it is continuing to review the Rule in Murray Energy.

      • 10/10/2017

        EPA submits status report stating it is continuing to review the Rule.

      • 8/1/2017

        Coalition of 15 states sues EPA to block postponement of ozone standard implementation. 

      • 7/10/2017

        In its 90-day status report, EPA states it is continuing to review Rule. EPA will submit its next status report within 90 days.

      • 4/11/2017

        D.C. Circuit grants indefinite abeyance of 2015 ozone standard lawsuit, delaying previously scheduled oral argument and ordering EPA to provide updates at 90 day intervals.

      • 10/26/2015

        Industry petitioners file for review of agency’s proposed Ozone NAAQS rule.

      more

      Blog: EPA Delays Implementing Ozone Standard for One Year

      EPA’s Tightened Ozone Standard Will Harm America’s Economic Growth.

      Case details at Chamber Litigation Center.

      Case: Murray Energy v. EPA, No. 15-1385 (D.C. Cir.)

      Land Management / Leasing Monuments
      • Potus
      • Interior
      • 12/4/2017

        Environmental groups file a lawsuit challenging the President’s proclamation.

         

      • 1/4/2018

        Plaintiffs file their notice of consent for consolidation of cases.

      Case: Grand Staircase Escalante Partners v. Trump, No. 17-cv-2591 (D.D.C.)

      Consolidated with:

      Wilderness Society v. Trump, No. 17-cv-02587 (D.D.C)

       

      Water Regulations / Fracking Hydraulic Fracturing
      • 12/29/2017

        BLM finalizes proposal to repeal regulations pertaining to hydraulic fracturing on federal lands, citing “administrative burdens and compliance costs that are not justified.”

         
      • 7/25/2017

        BLM proposes a rule to rescind 2015 rule pertaining to hydraulic fracturing on federal lands.

      • 6/7/2017

        Interior submits proposed rescission of BLM hydraulic fracturing regulations to OMB for review.

        (News Summary)

        (OMB link)

      • 3/28/2017

        Section 7 of Executive Order 13783 directs the Department of Interior to review and reconsider March 2015 regulations restricting hydraulic fracturing on federal lands.

      more
      • Potus
      • Interior
      • 1/3/2018

        DOJ files notice of publication of a final rule in the Federal Register. The final rule rescinds the 2015 Hydraulic Fracturing Rule that was at issue in this litigation.

      • 12/27/2017

        Court denies request for rehearing.

         

      • 11/20/2017

        Federal Appellants and Intervenors file their respective responses to petition for en banc rehearing.

      • 11/20/2017

        Intervenor-Respondents file consolidated response to petition for panel rehearing.

      • 11/6/2017

        Intervenors-Appellees file petition for panel rehearing and/or request for en banc determination.

      • 11/6/2017

        Court orders appellants to file response to petitioners’ petition for rehearing on or before 11/20/17.

      • 11/6/2017

        Industry petitioners file request for panel and en banc rehearing.

         

      • 9/21/2017

        10th Circuit dismisses both the appeal and the District Court case as unripe in light of the Administration’s rescinding the final regulation in question.

      • 7/27/2017

        Oral arguments held pertaining to lawsuit against hydraulic fracturing on federal lands.

      • 6/27/2016

        State petitions appeal lower court order setting aside BLM’s as unlawful.

      more

      Case: Wyoming v. Zinke, No. 16-8068 (10th Cir.)

      Permitting / NEPA Pipelines
      • 11/15/2017

        FERC denies NY’s motion for rehearing and stay.

         

      • 9/15/2017

        FERC overrules NY Department of Environmental Conservation’s denial of water permit for Millennium Pipeline’s Valley Lateral project, citing failure to meet one-year decision deadline.

        (News Summary)

      • FERC
      • 1/2/2018

        Court sets oral argument for January 24.

      • 12/15/2017

        Intervenor-environmental group files petition for emergency stay of construction near the vicinity of a bald eagle nest. Motion denied by the court.

      • 12/8/2017

        Court sets oral argument for 1/24/18.

      • 11/28/2017

        NY files reply brief in support of its emergency motion to stay.

         

      • 11/20/2017

        FERC files its opposition to NY’s emergency motion to stay.

      • 11/17/2017

        NY files emergency motion to stay FERC order.

      • 11/17/2017

        NY files petition for review of agency order.

         

      more

      Case: NY DEC v. FERC, No. 17-3770 (2nd Cir.)

      General / Energy Development Offshore energy
      • 12/29/2017

        Interior’s Bureau of Safety and Environmental Enforcement proposes to revise or eliminate a number of regulations regarding offshore drilling equipment.

        (View public comment docket)

      • Interior
        Air Regulations Clean Power Plan (Existing Source Performance Standards)
        • 12/28/2017

          EPA publishes advance notice of proposed rulemaking seeking comment on “State Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units”-- a framework to replace the Clean Power Plan. (Agency fact sheet)

        • EPA

          12/18/17: GEI CEO Karen Harbert’s statement on ANPRM proposal.

          Endangered Species Act Sage Grouse
          • 12/27/2017

            BLM instruction memorandum 2018-26 details guidance for implementing oil and gas leasing and development objectives as part of the greater sage-grouse resource management plan revisions.

          • 8/7/2017

            Sage Grouse Review Team delivers report to Secretary Zinke in response to Secretarial Order 3353.

          • 6/7/2017

            Secretary Zinke signs Secretarial Order 3353 establishing a Sage Grouse Review Team to study federal and state sage grouse protection plans and related economic implications.

          • 10/11/2017

            BLM announces plans to review land use provisions in the federal sage grouse conservation plan, and opens public comment period on scoping the review. In separate notice, BLM withdraws proposal relating to restrictions on 10 million acres of National Forest system lands in Sagebrush Focal Areas (SFAs).

            (News Summary)

          more
          • Interior
            Land Management / Leasing Alaska National Wildlife Refuge (ANWR)
            • 12/22/2017

              Section 20001 of public law 115-97 (tax reform legislation) authorizes oil and gas leasing in section 1002 of Arctic National Wildlife Refuge.

               

               

            • 8/11/2017

              Department of Interior Fish and Wildlife Service memorandum directs development of proposed rule to allow for geological exploration of ANWR.

            • Interior

              U.S. Chamber letter in support of an oil and gas leasing program in ANWR (11/15/17).

              Blog: Four Things to Know About ANWR (11/15/17).

              Air Regulations Risk Management Plan
              • 6/14/2017

                Administrator Pruitt signs directive delaying implementation of the Obama Administration’s January 5, 2017, Risk Management Plan amendments for 20 months while the agency reviews petitions for reconsideration against the rule brought by states and industry.

                (News Summary)

                (Federal Register notice)

              • EPA
              • 12/8/2017

                EPA files preliminary brief defending its authority to issue a delay rule for the Risk Management Plan.

              • 11/3/2017

                EPA files preliminary brief defending its authority to issue a delay rule for the Risk Management Plan.

              • 11/1/2017

                Former Regulatory Officials file amicus for Petitioners arguing that rule effective dates are substantive and subject to APA procedural standards

              • 10/25/2017

                State and Industry petitioners file their respective briefs.

              • 9/26/2017

                Court adopts the parties’ jointly proposed briefing schedule; Opening briefs due Oct. 25, 2017.

              • 8/30/2017

                D.C. Circuit denies motion to stay case (filed by intervenors United Steel, et al. on 6/22/17).

              • 6/15/2017

                Environmental groups file for review of final Agency action to delay Risk Management Plan rule implementation.

              • 12/22/2017

                State and industry intervenors file briefs in support of respondent EPA.

              more

              Chamber statement on EPA proposal to delay the effective date of the rule.

              Revised effective date of the rule is 2/19/19.

              Case: Air Alliance Houston v. EPA, No. 17-1155 (D.C. Cir.)

              Energy Efficiency Appliance Standards
              • 12/19/2017

                DOE issues request for information seeking comment on approaches used to set efficiency standards, feebate programs and other ways to “reduce compliance costs and/or increase consumer choice while preserving or enhancing appliance efficiency.” (Link to comment docket)

                 

              • Energy
                Water Regulations / Fracking Power Plant Effluent Limitation Guidelines (ELGs)
                • 6/6/2017

                  EPA proposes postponement of compliance deadlines for Power Plant ELG rule while it reconsiders changes to the rule.

                • EPA
                • 12/15/2017

                  Environmental groups (respondents) file their brief.

                • 11/20/2017

                  EPA files its 90-day status report.

                • 9/27/2017

                  Court enters briefing schedule for issues not held in abeyance; Respondent’s brief due on Dec. 15, 2017.

                • 8/22/2017

                  5th Circuit grants EPA request for extended abeyance of lawsuit against ELG regulation while EPA revises it.

                • 4/24/2017

                  5th Circuit grants 120-day abeyance of rule implementation while ELG regulation is reviewed for possible changes.

                • 11/20/2015

                  Power company files for review of Agency final rule regarding effluent limitations guidelines and standards for steam electric power generators.

                more

                Abeyance granted through approx. August 22.

                Case: S. Elec. Power Co. v. EPA, NO. 15-60821 (5th Cir.)

                Vehicles / Fuels Renewable Fuel Standard (RFS)
                • 12/12/2017

                  EPA finalizes renewable fuel standard blending requirements for 2018, and biomass-based diesel volumes for 2019. (Agency fact sheet)

                • 11/30/2017

                  EPA issues notice rejecting request to change RFS point of obligation.

                • 10/4/2017

                  EPA proposes to repeal  glider provisions of the heavy-duty truck phase II GHG and fuel efficiency standards.

                  (News Summary)

                • 7/21/2017

                  EPA proposes renewable fuel volumetric blending requirements for 2018.

                more
                • EPA
                  Topic
                  Air Regulations
                  Issue/Reg
                  Clean Power Plan (Existing Source Performance Standards)
                  Order/Action
                  • 11/8/2017

                    EPA announces public hearing on proposed CPP repeal, and extends comment deadline on proposal to 1/18/18.

                  • 10/23/2015

                    Final Clean Power Plan published in Federal Register.

                  • 10/16/2017

                    EPA announces proposal to repeal Clean Power Plan and plans for Advance Notice of Proposed Rulemaking (ANPRM) to solicit comment on whether further regulatory action is warranted. (Link to comment docket)

                  • 6/9/2017

                    EPA submits proposed CPP changes to OMB for review. 

                  • 3/28/2017

                    Section 4 of Executive Order 13783 directs review and reconsideration of EPA Clean Power Plan.

                  more
                  Most Recent Action
                  Litigation
                  • 1/11/2018

                    EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

                  • 12/11/2017

                    EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

                  • 11/9/2017

                    D.C. Circuit grants 60-day abeyance; orders EPA to provide 30-day status updates.

                  • 10/17/2017

                    Intervenors file their response to EPA’s status report and request for indefinite abeyance.

                  • 10/10/2017

                    EPA submits status report, stating that the Administrator signed a proposed rule to repeal the Clean power Plan. EPA requests the court to continue to hold case in abeyance.

                  • 9/7/2017

                    EPA submits status report, stating that the proposed rule will be published in Fall 2017 for public comment. EPA requests the court to continue to hold case in abeyance.

                  • 8/8/2017

                    D.C. Circuit grants another 60-day abeyance; reminds EPA that it has “affirmative statutory obligation to regulate greenhouse gases.” (Court Order)

                  • 4/28/2017

                    D.C. Circuit grants 60-day abeyance; orders EPA to provide 30 day status updates. Abeyance granted through approximately June 27.

                  more
                  Notes/Info/Chamber/Statements

                  Global Energy Institute statement on proposed repeal of Clean Power Plan (10/10/17)

                  Energy Institute information on Clean Power Plan and EPA carbon regulations.

                  Litigation details at U.S. Chamber Litigation Center.

                  Case: West Virginia v. EPA, No. 15-1363 (D.C. Cir.)

                  Topic
                  Air Regulations
                  Issue/Reg
                  MATS "Supplemental Findings"
                  Order/Action
                  • 4/25/2016

                    EPA issues Supplemental Finding responding to court remand of original MATS regulation.

                  Most Recent Action
                  Litigation
                  • 10/24/2017

                    EPA submits its status report stating that it continues to review the Supplemental Finding to determine whether the rule should be “maintained, modified or otherwise reconsidered.”

                  • 7/26/2017

                    EPA submits its status report stating that EPA is continuing to review its finding to determine whether the rule should be “maintained, modified or otherwise reconsidered.”

                  • 4/27/2017

                    D.C. Circuit order in response to DOJ/EPA request postpones May 18 oral arguments; grants 90-day abeyance.

                  • 4/25/2017

                    Industry files petition for review of final agency action regarding findings for coal- and oil-fired energy generating units. 

                  more
                  Notes/Info/Chamber/Statements

                  Case: Murray Energy v. EPA, No. 16-1127 (D.C. Cir.)

                  Topic
                  Air Regulations
                  Issue/Reg
                  Methane ICR (Existing Sources)
                  Order/Action
                  • 3/2/2017

                    EPA withdraws 2016 information collection request (ICR) pertaining to methane emissions from existing oil and gas operations.

                  Most Recent Action
                  Litigation
                    Notes/Info/Chamber/Statements

                    Letter from governors and attorneys general to EPA requesting withdrawal of ICR.

                    Topic
                    Air Regulations
                    Issue/Reg
                    Methane NSPS
                    Order/Action
                    • 11/8/2017

                      EPA issues notice seeking comment on numerous aspects of its June 2017 proposal to stay certain requirements of the 2016 rule.

                      (Agency fact sheet)

                    • 6/16/2017

                      EPA issues order proposing to stay for two years the implementation of 2016 new source performance standards pertaining to methane in oil and gas production during review and reconsideration of the rule. 

                    • 6/5/2017

                      EPA issues a 90-day stay of agency rules limiting methane leaks at drilling sites.

                    more
                    Most Recent Action
                    Litigation
                    • 8/10/2017

                      Industry and State petitioners’ request for a rehearing en banc denied.

                    • 7/31/2017

                      D.C. Circuit en banc panel vacates EPA’s 90-day pause of methane rule implementation for new oil and gas sources, putting the rule back into effect.

                    • 7/13/2017

                      D.C. Circuit grants EPA request to delay enforcement of methane NSPS regulation for 14 days while the agency considers whether to appeal the ruling. (EPA had requested 45 day enforcement delay).

                    • 7/3/2017

                      D.C. Circuit invalidates EPA two-year administrative stay of 2016 methane NSPS regulation; orders immediate enforcement of rule.

                    • 6/5/2017

                      Environmental petitioners file for review of EPA’s final action staying its own standards of performance for the oil and gas sector.

                    more
                    Notes/Info/Chamber/Statements

                    Case: Clean Air Council v. EPA, No. 17-1145 (D.C. Cir.)

                    Topic
                    Air Regulations
                    Issue/Reg
                    Ozone NAAQS
                    Order/Action
                    • 1/5/2018

                      EPA announces its intention to complete attainment designations for the 2015 ozone standard by 4/30/18.

                    • 11/16/2017

                      EPA issues attainment designations for 2,646 counties under the 2015 ozone standard; indicates remaining designations (15% of U.S. counties) will be issued at a later date.

                      (News Summary)

                    • 8/2/2017

                      EPA withdraws prior decision to extending attainment designation deadlines.

                    • 6/7/2017

                      EPA postpones 2015 ozone standard attainment designations for one year, citing insufficient information to make compliance decision.

                    more
                    Most Recent Action
                    Litigation
                    • 1/8/2018

                      EPA submits status report,  stating it is continuing to review the Rule in Murray Energy.

                    • 10/10/2017

                      EPA submits status report stating it is continuing to review the Rule.

                    • 8/1/2017

                      Coalition of 15 states sues EPA to block postponement of ozone standard implementation. 

                    • 7/10/2017

                      In its 90-day status report, EPA states it is continuing to review Rule. EPA will submit its next status report within 90 days.

                    • 4/11/2017

                      D.C. Circuit grants indefinite abeyance of 2015 ozone standard lawsuit, delaying previously scheduled oral argument and ordering EPA to provide updates at 90 day intervals.

                    • 10/26/2015

                      Industry petitioners file for review of agency’s proposed Ozone NAAQS rule.

                    more
                    Notes/Info/Chamber/Statements
                    Topic
                    Air Regulations
                    Issue/Reg
                    Power Plant CO2 New Source Performance Standards (NSPS)
                    Order/Action
                    • 3/28/2017

                      Section 4 of Executive Order 13783 directs review and reconsideration of NSPS for new power plants (CCS mandate for new coal plants).

                    Most Recent Action
                    Litigation
                    • 10/27/2017

                      In update to court, EPA states that it is continuing its review of the rule.

                    • 8/10/2017

                      Court orders cases remain held in abeyance; Respondent to file status reports at 90-day intervals starting Oct. 27.

                    • 7/31/2017

                      In update to court, EPA states that it continues to review the rule.

                    • 6/29/2017

                      In update to court EPA states that it continues to review the rule.

                    • 4/28/2017

                      DC Circuit grants 60-day abeyance of lawsuit against NSPS regulation while EPA reviews the rule; orders EPA to provide 30 day status updates. Case has been briefed but oral argument not set.

                    • 10/23/2015

                      State petitioner files for review of agency final rule on Greenhouse Gas emissions.

                    more
                    Notes/Info/Chamber/Statements

                    Litigation details at U.S. Chamber Litigation Center

                    Case: North Dakota v. EPA, No. 15-1381, (D.C. Cir.)

                    Topic
                    Air Regulations
                    Issue/Reg
                    Regional Haze
                    Order/Action
                    • 9/29/2017

                      EPA finalizes withdrawal of regional haze FIP for Texas.

                    Most Recent Action
                    Litigation
                    • 8/31/2017

                      U.S. District Court for D.C. rejects EPA request to delay deadline for development of Texas’ regional haze plan in response to 2012 consent decree.

                    Notes/Info/Chamber/Statements
                    Topic
                    Air Regulations
                    Issue/Reg
                    Regional Haze
                    Order/Action
                      Most Recent Action
                      Litigation
                      • 9/11/2017

                        10th Circuit grants request from PacifiCorp and State of Utah to stay litigation on EPA’s 2016 regional haze federal implementation plan (FIP) while EPA reconsiders the rule.

                      Notes/Info/Chamber/Statements
                      Topic
                      Air Regulations
                      Issue/Reg
                      Regional Haze
                      Order/Action
                      • 9/11/2017

                        EPA announces withdrawal of NOX portion of Arkansas regional haze FIP and approval of revised state implementation plan.

                      • 7/13/2017

                        EPA extends compliance deadline for September 2016 Arkansas Regional Haze Federal Implementation Plan (FIP) from April 2018 to January 2020.

                      • 11/11/2017

                        8th Circuit grants additional abeyance of case through 12/15/17.

                      more
                      Most Recent Action
                      Litigation
                      • 1/11/2018

                        Entergy files motion to stay EPA’s final rule.

                      • 1/11/2018

                        Environmental groups file their amended response to State of Arkansas’s stay motion.

                      • 1/10/2018

                        EPA files its response to State of Arkansas’s motion for stay of final rule.

                      • 1/4/2018

                        Court grants EPA’s motion to hold petitions in abeyance for 90 days against opposition by Entergy and Environmental Groups.

                      • 1/2/2018

                        Environmental groups file their response to Entergy’s opposition.

                      • 12/29/2017

                        EPA files reply in support of motion to hold litigation in abeyance.

                      • 12/26/2017

                        Environmental groups file their opposition to State of Arkansas’s stay motion.

                         

                      • 11/1/2017

                        8th Circuit grants additional abeyance of case through 12/15/17.

                      • 7/31/2017

                        8th Circuit grants 2-month abeyance of case on Arkansas Regional Haze FIP in response to Arkansas/EPA request. Abeyance granted through 9/26/17. 

                      • 11/23/2016

                        Private petitioner files for review of Agency final rule regarding Regional Haze.

                      more
                      Notes/Info/Chamber/Statements

                      Multi-association letter to EPA on proposed Arkansas Regional Haze FIP.

                      Case: AK Affordable Energy Coalition v. EPA, No. 16-4270 (8th Cir.)

                      More info on U.S. Chamber regional haze litigation activity

                      Topic
                      Air Regulations
                      Issue/Reg
                      Social Cost of Carbon
                      Order/Action
                      • 3/28/2017

                        Section 5 of Executive Order 13783 disbands the Interagency Working Group on the Social Cost of Carbon and rescinds use of its guidance and support documents.

                      Most Recent Action
                      Litigation
                        Notes/Info/Chamber/Statements
                        Topic
                        Air Regulations
                        Issue/Reg
                        Startup, Shutdown, Malfunction (SSM)
                        Order/Action
                          Most Recent Action
                          Litigation
                          • 10/23/2017

                            EPA files its second 90-day status report.

                          • 7/24/2017

                            EPA files first abeyance reporting indicating that it continues to review the SSM rule.

                          • 4/24/2017

                            D.C. Circuit grants DOJ/EPA request to delay scheduled oral arguments in case challenging 2015 EPA rule on SSM requirements while EPA reconsiders the rule. The Court’s order places the SSM legal challenge in abeyance for 90 days, and requires EPA to submit a 90 day status report.

                          • 6/12/2015

                            Environmental and industry groups file for review of Agency final rule regarding State Implementation Plans’ SSM policies. 

                          more
                          Notes/Info/Chamber/Statements

                          Case: Envtl. Comm. FL Elec. Power Coordinating Grp. v. EPA, No. 15-1239 (D.C. Cir.)

                          Topic
                          Air Regulations
                          Issue/Reg
                          Venting and Flaring
                          Order/Action
                          • 12/8/2017

                            BLM finalizes proposal to delay implementation of venting and flaring rule until January 2019.

                          • 10/5/2017

                            BLM formally proposes to temporarily suspend implementation of 2016 venting and flaring rule until January 2019. 

                          • 6/15/2017

                            BLM announces it will suspend implementation of certain provisions of November 2016 Methane Waste Prevention Rule (aka Venting and Flaring) that have yet to go into effect.

                          • 3/28/2017

                            Section 7 of Executive Order 13783 directs review and reconsideration of Department of Interior methane regulations for oil and gas production on federal lands (aka venting and flaring).

                          more
                          Most Recent Action
                          Litigation
                          • 12/8/2017

                            Case docketed before the Court of Appeals for the 9th Circuit.

                          • 12/4/2017

                            BLM files Notice of Appeal to the Ninth Cir.

                          • 10/4/2017

                            U.S. District Court for Northern California invalidates Department of Interior’s administrative stay of BLM methane waste prevention rule.

                          • 7/5/2017

                            State petitioners file suit against the Bureau of Land Management for postponing the compliance date of the Waste Prevention, Production Subject to Royalties and Resource Conservation rule.

                          more
                          Notes/Info/Chamber/Statements

                          Chamber key vote letter supporting congressional repeal of venting and flaring rule (5/9/17).

                          Coalition letter supporting congressional repeal of venting and flaring rule (2/2/17).

                          Case: California v. BLM, no. 17-cv-03804-EDL (N.D. Ca.)

                          Case: California v. BLM, no. 17-17456 (9th Cir.).

                          Topic
                          Electricity
                          Issue/Reg
                          Grid Management
                          Order/Action
                          • 1/8/2018

                            FERC rejects DOE grid resiliency proposal and initiates new proceeding to study the issue further. FERC

                            (Agency release)

                          • 10/10/2017

                            Department of Energy proposes Grid Resiliency Pricing Rule under Federal Power Act calling on FERC to order changes to pricing of resiliency and reliability attributes.

                          • 10/4/2017

                            FERC releases scoping questions for comment period on DOE Grid Reliability and Resiliency Pricing proposal.

                          more
                          Most Recent Action
                          Litigation
                            Notes/Info/Chamber/Statements
                            Topic
                            Endangered Species Act
                            Issue/Reg
                            Sage Grouse
                            Order/Action
                            • 12/27/2017

                              BLM instruction memorandum 2018-26 details guidance for implementing oil and gas leasing and development objectives as part of the greater sage-grouse resource management plan revisions.

                            • 8/7/2017

                              Sage Grouse Review Team delivers report to Secretary Zinke in response to Secretarial Order 3353.

                            • 6/7/2017

                              Secretary Zinke signs Secretarial Order 3353 establishing a Sage Grouse Review Team to study federal and state sage grouse protection plans and related economic implications.

                            • 10/11/2017

                              BLM announces plans to review land use provisions in the federal sage grouse conservation plan, and opens public comment period on scoping the review. In separate notice, BLM withdraws proposal relating to restrictions on 10 million acres of National Forest system lands in Sagebrush Focal Areas (SFAs).

                              (News Summary)

                            more
                            Most Recent Action
                            Litigation
                              Notes/Info/Chamber/Statements
                              Topic
                              Energy Financial / Royalties
                              Issue/Reg
                              Extractive Industries Payment Disclosure
                              Order/Action
                              • 2/14/2017

                                Public Law 115-4 using Congressional Review Act authority to repeal Securities and Exchange Commission regulations mandating public disclosure of reports of energy company finances and operations. 

                              Most Recent Action
                              Litigation
                                Topic
                                Energy Financial / Royalties
                                Issue/Reg
                                Multilateral Development Banks (MDBs)
                                Order/Action
                                • 7/17/2017

                                  Department of Treasury modifies Obama Administration guidance prohibiting U.S. support for financing construction of coal plants internationally through MDBs, committing to “help countries access and use fossil fuels more cleanly and efficiently.”

                                Most Recent Action
                                Litigation
                                  Notes/Info/Chamber/Statements
                                  Topic
                                  Energy Financial / Royalties
                                  Issue/Reg
                                  Office of Natural Resources Revenue (ONRR) Royalty Valuation Rule
                                  Order/Action
                                  • 4/4/2017

                                    Department of Interior’s ONRR formally proposes to repeal 2017 Valuation Rule pertaining to oil, gas, and coal royalties.

                                  • 2/22/2017

                                    Department of Interior’s ONRR announces stay of 2017 Valuation Rule pertaining to oil, gas, and coal royalties.

                                    (News Summary)

                                  Most Recent Action
                                  Litigation
                                  • 10/25/2017

                                    Court denies Plaintiffs’ motion to relate the two rule delay challenges.

                                  • 10/23/2017

                                    Defendants file opposition to Plaintiffs’ motion.

                                  • 10/18/2017

                                    Plaintiffs file move to relate the challenge to the Delayed Royalty Rule to Plaintiffs’ challenge to the delay of the Department’s Coal Valuation Reform rule.

                                  • 8/30/2017

                                    U.S. District Court for Northern California invalidates ONRR stay of Royalty Rule.

                                  • 2/22/2017

                                    State petitioners file for injunctive relief to stop the Department of Interior implementation of the Royalty Rule. 

                                  more
                                  Notes/Info/Chamber/Statements

                                  U.S. Chamber letter to House Natural Resources Committee supporting revisions to ONRR Valuation Rule (item VIII).

                                  Case: Becerra v. Dep’t of Interior, No. 17-cv-02376-EDL (N.D. Cal.)

                                  Topic
                                  Energy Infrastructure
                                  Issue/Reg
                                  Energy Infrastructure
                                  Order/Action
                                  • 7/19/2017

                                    Executive Order 13805 establishes Infrastructure Advisory Council within Department of Commerce to report on “funding, support, and delivery of infrastructure projects in several sectors including renewable energy, electricity transmission, and pipelines.”

                                  Most Recent Action
                                  Litigation
                                    Notes/Info/Chamber/Statements
                                    Topic
                                    General / Energy Development
                                    Issue/Reg
                                    Energy Independence
                                    Order/Action
                                    Most Recent Action
                                    Litigation
                                      Notes/Info/Chamber/Statements

                                      Draft final agency recommendations due to OMB in 120 days (July 26th, 2017).

                                      Final report due in 180 days (September 24th, 201)

                                      Topic
                                      General / Energy Development
                                      Issue/Reg
                                      Energy Independence
                                      Order/Action
                                      • 3/29/2017

                                        Secretary Zinke signs Secretarial Order 3349, directing Department of Interior reviews of numerous regulations and policies impacting energy development.

                                      Most Recent Action
                                      Litigation
                                        Notes/Info/Chamber/Statements
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