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.

As a new feature this month, we are including a list of open comment periods. To comment on these or future proposals, please go to the federal rulemaking portal at http://www.regulations.gov and follow the instructions for submitting comments. If you need assistance with submission of comments, you may contact the authors.  

Currently Open For Comment
Department Proposal Comment Period
Interior (BLM) Grand Staircase Escalante National Monument EIS (FR Notice) 8/31/18 - 11/30/18 (Comment docket)
EPA Methane New Source Performance Standards for oil and natural gas (FR Notice) 10/15/18 - 12/19/18 (Comment docket)
USDA (Forest Service) Sage Grouse Management Plans (FR Notice) 10/5/18 - 1/3/19 (Comment docket)

The Tracker is updated regularly. This edition is updated through November 1, 2018.

  • Notable Developments Over the Last Month

  • 10/22/18: Environmental petitioners file suit in D.C. Circuit challenging EPA’s revisions to 2015 coal combustion residuals rulemaking.

  • 10/19/18: EPA sends proposed changes modifying 2012 MATS regulation to OMB for review.

  • 10/19/18: OMB-OIRA regulatory agenda projects release of final Affordable Clean Energy rule in March 2019.

  • 10/19/18: OMB-OIRA regulatory agenda projects release of proposed rule to revise the definition of WOTUS in November 2018 and finalization of WOTUS repeal in March 2019.

  • 10/19/18: OMB-OIRA regulatory agenda projects release of proposed rule modifying New Source Review regulations in February 2019.

  • 10/19/18: OMB-OIRA regulatory agenda projects finalization of methane new source performance standards rule in April 2019.

  • 10/19/18: OMB-OIRA regulatory agenda projects finalization of Blowout Preventer Systems and Well Control Rule in December 2018.

  • 10/19/18: OMB-OIRA regulatory agenda projects finalization of CAFE/light-duty GHG standards rule in December 2018.

  • 10/19/18: OMB-OIRA regulatory agenda projects release of proposal modifying requirements for exploratory drilling on the Arctic Outer Continental Shelf in January 2019.

  • 10/19/18: OMB-OIRA regulatory agenda projects release of proposed rule updating NEPA regulations in February 2019.

  • 10/19/18: OMB-OIRA regulatory agenda projects proposed rule modifying CWA 404(c) water permitting regulations in June 2019.

  • 10/19/18: OMB-OIRA regulatory agenda projects release of proposal revising Effluent Limitation Guidelines rule in March 2019, and finalization in December 2019.

  • 10/11/18: President Trump directs EPA to promulgate a rulemaking allowing year-round sale of E15 fuel.

  • 10/5/18: USDA Forest Service publishes draft sage grouse management plans for its Intermountain and Rocky Mountain regions. (Comment docket)

  • 10/5/18: Army Corps suspends permits for Mountain Valley Pipeline in response to court decision vacating nationwide permit for the project.

  • 10/4/18: FERC grants approval to Atlantic Sunrise pipeline to begin full service operations.

  • 9/28/18: BLM finalizes revisions to methane venting and flaring rule; environmental petitioners immediately file suit challenging the revisions in U.S. District Court for Northern District of California.

  • 9/28/18: President Trump signs Nuclear Energy Innovation Capabilities Act into law.

  • 9/24/18: State Department issues draft environmental impact statement for alternative Keystone XL pipeline route.

  • 9/24/18: U.S. Chamber files comments on ESA proposals related to listing and critical habitat, protective regulations, and interagency cooperation.

  • 9/24/18: U.S. Chamber comments on proposed Section 232 tariffs on uranium imports.

  • 9/21/18: D.C. Circuit orders EPA to immediately reinstate 2016 Risk Management Program (RMP) regulation.

  • 9/19/18: USTR announces exemptions to solar PV import tariffs.

  • 9/17/18: FERC lifts stop-work order on Atlantic Coast Pipeline construction after National Park Service issues a new right of way permit for crossing the Blue Ridge Parkway.

  • 9/13/18: USDA’s Forest Service issues advance notice of proposed rulemaking to streamline requirements for oil and gas leasing from national forests and grasslands.

  • See Full List 

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 10 executive orders, 5 presidential memoranda, and provisions in 6 public laws. Further, by our best estimate, there are currently 13 energy-related regulatory/policy reforms initiated or under review, 15 reforms formally proposed, and 32 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. 

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.

 

X

Energy Tracker

Indicates Public Law
Topic Issue/Reg Order/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
Air Regulations Venting and Flaring
  • 9/28/2018

    BLM finalizes revisions to methane venting and flaring rule.

  • 2/22/2018

    BLM publishes proposed revisions to the Methane and Waste Prevention Rule

    (Agency press release)

    (Comment docket)

  • 2/12/2018

    BLM announces proposal to revise Methane Waste Prevention Rule.

    (Agency press release)

     

  • 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
  • Potus
  • Interior
  • 10/30/2018

    Eighteen environmental petitioners file suit in the U.S. District Court for Northern District of California challenging BLM revisions to venting and flaring regulations.

  • 3/15/2018

    Ninth Circuit enters order granting BLM’s  motion to dismiss. (No. 17-17456)

  • 3/14/2018

    BLM files voluntary motion to dismiss appeal. (No. 17-17456)

  • 12/8/2017

    Case docketed before the Court of Appeals for the 9th Circuit.  (No. 17-17456)

  • 12/4/2017

    BLM files Notice of Appeal to 9th Circuit. (No. 17-17456)

  • 10/4/2017

    U.S. District Court for Northern California invalidates Department of Interior’s administrative stay of BLM methane waste prevention rule. (No. 17-17456)

  • 7/5/2017

    State petitioners file suit against BLM for postponing the compliance date of Waste Prevention, Production Subject to Royalties and Resource Conservation rule. (No. 17-17456)

more

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 Closed).

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

Air Regulations Power Plant CO2 New Source Performance Standards (NSPS)
  • 9/10/2018

    EPA sends proposed revisions to 111(b) GHG NSPS regulations for power plants to OMB for review.

  • 5/9/2018

    OMB-OIRA spring unified regulatory agenda projects release of formal proposal to modify 111(b) NSPS regulations regarding new fossil-powered electric plants in June 2018.

  • 3/28/2017

    Executive Order 13783 – Promoting Energy Independence and Economic Growth, directs review and reconsideration of NSPS for new power plants (CCS mandate for new coal plants).

more
  • Potus
  • EPA
  • 10/23/2018

    EPA submits 90-day status report stating that the agency is continuing its review of the rule.

  • 7/24/2018

    Environmental petitioners file response to respondents’ petition for panel hearing. (No. 15-1115).

  • 4/27/2018

    EPA submits 90-day status report stating that the agency is continuing its review of the rule.

  • 1/25/2018

    EPA submits 90-day status report stating that the agency is continuing its review of the rule

  • 10/27/2017

    EPA submits 90-day status report stating that the agency is continuing its review of the rule.

  • 10/27/2017

    EPA submits 30-day status report stating that the agency 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

    EPA submits 30-day status report stating that the agency is continuing its review of the rule.

  • 6/29/2017

    EPA submits 30-day status report stating that the agency is continuing its review of 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

Litigation details at U.S. Chamber Litigation Center

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

Water Regulations / Fracking Coal Combustion Residuals
  • 7/30/2018

    EPA finalizes revisions to 2015 coal combustion residuals (CCR) rulemaking. 

  • 6/18/2018

    EPA announces approval of Oklahoma permit program for managing coal combustion residuals--the first state permit of its kind.

  • 5/9/2018

    OMB-OIRA semiannual unified regulatory agenda projects NPRM addressing CCR modifications in September 2018.

  • 3/1/2018

    EPA proposes amendments to Phase I of 2015 CCR regulations.

    (Comment docket)

  • 9/14/2017

    EPA announces that it plans to reconsider certain provisions of 2015 coal combustion residuals (coal ash) regulations.

  • 8/15/2017

    EPA releases interim final guidance for development of state coal combustion residual permitting programs; opens 30 day comment period.

    (News Summary)

  • 5/12/2017

    Petition filed with EPA for review of Coal Ash rule by Utility Solid Waste Activities Group.

more
  • EPA
  • 10/22/2018

    Environmental petitioners file suit in D.C. Circuit challenging EPA’s revisions to 2015 coal combustion residuals rulemaking.

  • 10/15/2018

    Court issues mandate ordering 8/21/2018 decision:

    1) denying EPA’s abeyance motion, 2) partially granting EPA’s remand motion, 3) partially granting Environmental petition and 4) denying Industry petition.

  • 11/20/2017

    Oral argument held.

  • 11/15/2017

    EPA files its status report setting forth provisions of the Final Rule that are or are likely to be reconsidered by the Agency.

  • 11/13/2017

    Environmental Petitioners and Intervenors file opposition to motion for voluntary remand.

  • 11/7/2017

    Petitioner files motion for voluntary remand.

  • 9/27/2017

    Court reschedules oral argument to 11/20/17.

  • 9/18/2017

    Government files motion to hold case in abeyance pending EPA reconsideration of the rule.

  • 8/3/2017

    Order filed scheduling oral arguments for October 17.

  • 7/5/2015

    Industry petitioners file for review of EPA’s final “Hazardous and Solid Waste Management System; Disposal of coal Combustion Residuals from Electric Utilities” final rule.

more

Case: Util. Solid Waste Activities Grp. v. EPA, No. 15-1219 (D.C. Cir.).

Energy Financial / Royalties Waste Prevention Rule
  • 11/18/2016

    BLM issues final rule promulgating new regulations to reduce waste of natural gas from venting, flaring and leaks during oil and gas production activities.

  • Interior
  • 10/22/2018

    Pursuant to the parties’ administrative motion, the court enters order holding the two litigations in abeyance pending expiration of the Suspension Rule on Jan. 17, 2019.

  • 5/29/2018

    Intervenor API files its Answer to complaint. (No.17-7186).

  • 5/29/2018

    Intervenors Western Energy Alliance and Independent Petroleum Association of America file their Answer to complaint. (No. 17-7187).

  • 4/23/2018

    Defendants appeal Ninth Circuit district order denying motion to transfer venue and granting preliminary injunction. (No. 17-7186).

  • 3/9/2018

    BLM files answer to complaint (Case. No. 17-7186).

  • 2/22/2018

    Court enters order denying BLM’s motion to transfer venue and granting preliminary injunction (No. 17-7186).

  • 2/26/2018

    Court enters order granting Trade Associations’ motion to intervene (No. 17-7187).

     

  • 12/19/2017

    States file complaint against BLM (No. 17-7186).

  • 12/1/2017

    Environmental groups file complaint against BLM (No. 17-7187).

more

Consolidated cases:

California v. BLM, No. 17-7186 (N.D. CA).

Sierra Club v. BLM, No. 17-7187 (N.D. CA).

Permitting / NEPA Rights-of-way
  • 10/19/2018

    OMB-OIRA fall unified regulatory agenda projects February 2019 release of proposed Fish and Wildlife Service rule to streamline regulations for permitting rights-of-way.

  • Interior
    Air Regulations CAA Section 112
    • 10/19/2018

      OMB-OIRA fall unified regulatory agenda projects February 2019 release of proposed rule reflecting changes made in 1/25/18 guidance memorandum. 

    • 1/25/2018

      EPA issues guidance memorandum reversing “once-in, always-in” policy under Section 112 of the Clean Air Act.

      (Press release)

    • EPA
    • 3/26/2018

      Environmental petitioners file for review of EPA’s action reversing once-in, always-in policy.

    Water Regulations / Fracking CWA Section 404(c)
    • 10/19/2018

      OMB-OIRA fall regulatory agenda projects proposed rule modifying CWA 404(c) water permitting regulations in June 2019.

    • 6/27/2018

      EPA Administrator Pruitt issues memo directing agency to update regulations pertaining to section 404(c) of the Clean Water Act, including eliminating EPA’s authority to preemptively veto projects before they have gone through the permit process.

    • EPA
      Air Regulations Affordable Clean Energy Rule
      • 10/19/2018

        OMB-OIRA fall unified regulatory agenda projects release of final Affordable Clean Energy rule in March 2019.

      • 7/31/2018

        EPA releases proposed “Affordable Clean Energy rule” for existing electric generating units.

        (Agency press release)

        (Comment docket)

      • 7/9/2018

        EPA sends draft proposed rule -- “State Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units” (CPP replacement) --to OMB for review.

      • 5/9/2018

        Office of Management and Budget – Office of Information and Regulatory Affairs (OMB-OIRA) unified regulatory agenda projects release of NPRM on new 111(d) guidelines for existing electric generating units in June 2018.

      • 12/18/2017

        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)

        (Comment docket)

      more
      • EPA

        2/26/18: Chamber coalition comments on proposed ANPRM

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

        Water Regulations / Fracking Waters of the U.S. (WOTUS)
        • 10/19/2018

          Office of Management and Budget - Office of Information and Regulatory Affairs (OMB-OIRA) spring unified regulatory agenda projects release of proposed rule to revise the definition of WOTUS in November 2018 and finalization of WOTUS repeal in March 2019.

        • 7/12/2018

          EPA issues supplemental proposal to clarify and request additional public comment on the July 2017 proposal to permanently repeal the 2015 WOTUS rule.

        • 6/15/2018

          EPA sends proposed “step 2” definition of Waters of the United States rule to Office of Management and Budget.

          (Agency press release)

        • 6/11/2018

          District Court for the Southern District of Georgia granted Plaintiffs’ (11 states) motion for preliminary injunction effectively blocking implementation of WOTUS Rule. 

        • 5/9/2018

          OMB-OIRA spring unified regulatory agenda projects release of supplemental proposal regarding the proposed repeal in 5/18, followed by repeal finalization in 11/18. The agenda projects a revised WOTUS definition will be proposed in 8/18.

        • 4/11/2018

          EPA sends proposal finalizing repeal of WOTUS and recodifying the preexisting definition of a WOTUS to OMB for final review.

          (EO 12866 meetings)

        • 3/30/2018

          EPA delegates oversight of Clean Water Act permitting decisions to Office of Water.

        • 2/6/2018

          EPA finalizes proposal delaying effective implementation date of the 2015 WOTUS rule until February 6, 2020.

          (Agency press release)

        • 11/22/2017

          EPA proposes to delay the effective implementation date of the WOTUS rule until 2020, to ensure that the prior definition of “waters of the United States” remains in effect while further changes to the definition are considered. (Regulations.gov docket)

           

        • 6/28/2017

          EPA, Army Corps formally propose repeal of 2015 Waters of the U.S. regulation and announce intention to pursue follow-on rulemaking revising definition of “waters of the United States” under the Clean Water Act.

          (Federal Register)

        • 2/28/2017

          Executive Order 13778 directing EPA to review and reconsider its “Waters of the United States” (WOTUS) regulation.

        more
        • Potus
        • EPA
        • 10/10/2018

          Environmental groups file opposition to summary judgment and cross-motion for summary judgment.

        • 8/31/2018

          State of Georgia files its motion for summary judgment.

        • 8/31/2018

          Intervenor American Farm Bureau files motion for summary judgment.

        • 8/31/2018

          Federal defendants file their answer to state plaintiffs.

        • 8/16/2018

          District Court invalidates EPA delay of WOTUS rule, reinstating the regulation in 26 states.

        • 7/3/2018

          Intervenors file their answer and defenses opposing the amended complaint. (No. 15-cv-00079 )

        • 6/8/2018

          District Court grants Plaintiffs’ motion for preliminary injunction blocking WOTUS rule. (No. 15-00079).

        • 6/6/2018

          National Wildlife Federation and One Hundred Miles filed brief in opposition of the motion for preliminary injunction. (No. 15-00079).

        • 6/6/2018

          Plaintiffs’ file a brief in support for a motion for preliminary injunction. (No. 15-00079).

        • 3/23/2018

          U.S. District Court of North Dakota issues an order granting states’ request to resume litigation on WOTUS rule.

        • 2/28/2018

          Sixth Circuit lifts nationwide stay of Waters of the U.S. rule. (No. 15-3751).

        • 1/22/2018

          Supreme Court issues an opinion concluding that the final rule under review is an action that falls outside the judicial review, thereby determining that that litigation involving EPA’s “Waters of the U.S.” regulation and other Clean Water Act rules should be heard by federal district courts. (No. 15-3751).

        • 11/22/2017

          Federal Respondents file notice of publication of proposed rule. (No. 15-3751).

        • 6/30/2017

          EPA files notice of publication of proposed rulemaking to re-codify the definition of WOTUS. (No. 15-3751).

        • 4/3/2017

          Supreme Court denies Trump Administration request to halt review of case to determine appropriate jurisdiction. (Supreme Court argument scheduled 10/11/17).

        • 1/25/2017

          Sixth Circuit grants abeyance in Murray Energy v. EPA lawsuit against (stayed) WOTUS regulation, pending Trump Administration review of the rule. (No. 15-3751).urt grants certiorari on motion by Murray Energy v. EPA intervenor National Association of Manufacturers regarding which federal court has jurisdiction over EPA’s WOTUS rule. (No. 15-3751). 

        • 1/13/2017

          Supreme Court grants certiorari on motion by Murray Energy v. EPA intervenor National Association of Manufacturers regarding which federal court has jurisdiction over EPA’s Waters of the U.S. rule.

        • 7/13/2015

          Industry petitioners file for review of Agency final action defining “Waters of the United States” in Murray Energy v. EPA. (No. 15-3751).

        more

        8/14/18: U.S. Chamber comments on WOTUS supplemental proposal; Waters Advocacy Coalition comments on supplemental proposal.

        12/13/17: U.S. Chamber comments on proposal to delay WOTUS implementation date.

        Waters Advocacy Coalition 9/27/17 letter on proposed WOTUS repeal.

        U.S. Chamber 9/25/17 comments on proposed WOTUS repeal.

        Coalition letter supporting executive order on WOTUS rule.

        Blog and Chamber statement: EPA Will Repeal Obama’s Land-Grabbing Water Rule.

        Litigation details at Chamber Litigation Center

        Case: State of Georgia et al. v. McCarthy et al., No. 15-cv-00079 (S.D. Ga)

        Case: Murray Energy v. EPA, No. 15-3751 (6th Cir.)

        Case: Nat’l Assn. of Mfr. v. Dep’t of Def., No. 16-299 (S. Ct.)

        Vehicles / Fuels CAFE Standards
        • 10/19/2018

          OMB-OIRA regulatory agenda projects finalization of CAFE/light-duty GHG standards rule in December 2018.

        • 10/1/2018

          EPA announces technical corrections to 2012 light-duty GHG standards rule pertaining to the calculation of regulatory credits.

        • 8/2/2018

          EPA and NHTSA announce proposed rulemaking to revise Corporate Average Fuel Economy (CAFE) standards for light duty vehicles, as well as three public hearings from 9/24/18 to 9/26/18.
          (Comment docket)

        • 5/31/2018

          NHTSA sends proposed CAFE standards for model years 2021-2026 to Office of Management and Budget for review.

        • 4/3/2018

          EPA announces completion of the Midterm Evaluation (MTE) process for light duty vehicle GHG standards for model years 2022-2025, determining that current standards are not appropriate and should be revised.

        • 3/27/2018

          The National Highway Traffic Safety Administration proposes to retain civil penalties for auto manufacturer CAFE violations, rejecting Obama Administration proposal to increase fines.

          (Press release)

        • 8/21/2017

          NHTSA and EPA announce formal reconsideration of light-duty vehicle GHG standards for model years 2022-2025. 

          (Comment docket)

        • 7/26/2017

          NHTSA announces public comment period for scoping environmental impact assessment associated with new CAFE standards for model year 2022-2025 passenger vehicles.

        • 7/7/2017

          NHTSA is indefinitely delaying the effective date of the “Civil Penalties” final rule. The purpose for indefinitely delaying the final rule is to reconsider appropriate CAFE civil penalties. 

        • 3/15/2017

          President Trump directs EPA to reopen mid-term review of light-duty mileage standards for cars and trucks.

        more
        • EPA
        • DOT
          Permitting / NEPA National Environmental Policy Act (NEPA)
          • 10/19/2018

            OMB-OIRA fall unified regulatory agenda projects release of proposed rule updating NEPA regulations in February 2019.

          • 7/11/2018

            CEQ extends comment deadline for ANPRM regarding updates to NEPA regulations to 8/20/18.

          • 6/10/2018

            Council on Environmental Quality (CEQ) published an advance notice of proposed rulemaking (ANPRM) titled “Update to theRegulations for Implementing the Procedural Provisions of the National Environmental Policy Act.” The CEQ is extending the comment period on the ANPRM, which was scheduled to close on July 20, 2018, for 31 days until August 20, 2018. The CEQ is making this change in response to public requests for an extension of the comment period.

            (Comment docket)

          • 10/24/2017

            Department of Interior’s Bureau of Land Management rescinds 1/12/17 permanent instruction memorandum (PIM-2017-003) requiring consideration of greenhouse gas emissions before approving energy projects. 

          • 3/28/2017

            Section 3 of Executive Order 13783 repeals Obama Administration executive guidance directing agencies to expand NEPA permitting reviews to consider and mitigate for upstream and downstream greenhouse gas emissions.

          more
          • Potus
          • CEQ
          • Interior

            New NEPA Guidance Is Another Obstacle to Building Infrastructure and Developing Projects.

            Houston Chronicle op-ed: adding climate change to federal guidelines invites chaos.

            Air Regulations Methane NSPS
            • 10/19/2018

              OMB-OIRA fall regulatory agenda projects finalization of methane new source performance standards rule in April 2019

            • 10/15/2018

              EPA formally proposes changes to methane new source performance standards (OOOOa, or "Quad O" rules) that “streamline implementation, reduce duplicative EPA and state requirements, and significantly decrease unnecessary burdens on domestic energy producers.” (Comment docket)

            • 5/9/2018

              Office of Management and Budget - Office of Information and Regulatory Affairs (OMB-OIRA) spring unified regulatory agenda projects finalization of methane New Source Performance Standards (NSPS, 40 CFR Part 60, Subpart OOOOa) rulemaking in November 2018.

            • 3/12/2018

              EPA finalizes amendments to the Oil and Gas Sector rule, removing the requirement for completion of delayed repair during unscheduled and emergency vent blowdowns and providing for separate monitoring requirements for well sites on the Alaskan North Slope.

            • 11/8/2017

              EPA issues a notice seeking comment on the agency’s proposed stays of certain requirements in  2016 NSPS for the oil and gas industry.

              (Agency fact sheet)

            • 6/16/2017

              EPA issues order proposing to stay for two years the implementation of 2016 New Source Performance Standards emission standards emission standards from oil and gas production.

            • 6/14/2017

              EPA announces its intention to stop development of emission guidelines for existing oil and gas sources.

            • 6/5/2017

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

            more
            • EPA
            • 7/31/2018

              EPA files answer to complaint. (No. 18-773).

            • 5/30/2018

              Intervenor Environmental Defense Fund files a complaint compelling EPA to issue methane emission guidelines from existing oil and gas sources. (No. 18-773)

            • 4/5/2018

              State and local governments file complaint against EPA to comply with  nondiscretionary duty via  Clean Air Act to set methane emission guidelines for oil and gas sources. (No. 18-773).

            • 4/4/2018

              State and local governments file complaint against EPA stating that the agency failed to set standards for methane emissions from existing oil and gas infrastructure. (No. 17-1145).

            • 8/10/2017

              Industry and State petitioners’ request for a rehearing en banc denied. (No. 17-1145).

            • 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. (No. 17-1145).

            • 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.  (No. 17-1145).

            • 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 methane NSPS regulations on oil and gas sites.  (No.17-1145).

            more

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

            Case: State of New York v. Pruitt, No. 18-773 (D.D.C.)

             

            Air Regulations New Source Review
            • 10/19/2018

              OMB-OIRA fall unified regulatory agenda projects release of proposed rule modifying New Source Review regulations in February 2019.

            • 7/6/2018

              EPA sends draft final rule affecting "project aggregation" requirements under New Source Review program to OMB for review. 

            • 5/9/2018

              OMB-OIRA semiannual regulatory agenda projects release of NPRM to address project emissions accounting in September 2018.

            • 4/30/2018

              EPA issues guidance memorandum modifying interpretations of “common control” as they relate to source determinations under the NSR program.

            • 3/13/2018

              EPA issues guidance memorandum clarifying its approach on NSR applicability analysis concerning emission decrease from proposed projects. 

            • 12/7/2017

              EPA issues guidance memo on NSR permitting requirements stating that EPA will generally defer to a facility’s “actual-to-projected-actual” calculations for purposes of preconstruction permitting.

            more
            • EPA

              Beveridge and Diamond News Alert summarizing NSR updates (3/28/18)

              Land Management / Leasing Outer Continental Shelf (OCD) Oil and Gas Leasing
              • 10/19/2018

                OMB-OIRA fall unified regulatory agenda projects release of proposed rule modifying requirements for exploratory drilling on the Arctic Outer Continental Shelf in January 2019.

              • Interior
                Air Regulations MATS "Supplemental Findings"
                • 10/19/2018

                  EPA sends proposed changes modifying 2012 MATS regulation to OMB for review.

                • 7/29/2018

                  EPA informally announces that it plans to reconsider the 2012 MATS regulation.

                • 5/9/2018

                  OMB-OIRA semiannual unified regulatory agenda projects proposed rulemaking addressing MATS regulation will be released in August 2018.

                • 4/25/2016

                  EPA issues Supplemental Finding responding to U.S. Supreme Court decision in Michigan v. EPA, 135 S. Ct. 2699 (2015), discussing the appropriateness of associated costs including MATS, in regulating coal and oil-fired electric utility steam generating units (EGUs). 

                more
                • EPA
                • 7/18/2018

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

                • 4/19/2018

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

                • 1/19/2018

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

                • 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

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

                Vehicles / Fuels Renewable Fuel Standard (RFS)
                • 10/19/2018

                  OMB-OIRA fall unified regulatory agenda projects release of proposed rule setting 2020 RFS volumes in January 2019.

                • 10/11/2018

                  President Trump directs EPA to promulgate a rulemaking allowing year-round sale of E15 fuel.

                • 6/26/2018

                  EPA proposes RFS volume standards for 2019, and biomass-based diesel volumes for 2020.

                • 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 from refiners and importers of gasoline and diesel fuel to parties that blend and transport the fuel.

                • 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
                  General / Energy Development Offshore energy
                  • 10/19/2018

                    OMB-OIRA fall unified regulatory agenda projects finalization of Blowout Preventer Systems and Well Control Rule in December 2018.

                  • 4/27/2018

                    Interior’s Bureau of Safety and Environmental Enforcement proposes modifications to Blowout Preventer and Well Control Rule.

                  • Interior
                    Water Regulations / Fracking Power Plant Effluent Limitation Guidelines (ELGs)
                    • 10/19/2018

                      OMB-OIRA unified regulatory agenda projects release of proposal revising Effluent Limitation Guidelines rule in March 2019, and finalization in December 2019.

                    • 5/9/2018

                      OMB-OIRA semiannual regulatory agenda projects release of NPRM addressing Power Plant ELG rule in December 2018.

                    • 6/6/2017

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

                    more
                    • EPA
                    • 7/26/2018

                      Intervenor UWAG files reply in support of its motion to dismiss (No. 18-050).

                    • 7/9/2018

                      Plaintiffs file their opposition to motion to dismiss. (No. 18-050).

                    • 7/6/2018

                      EPA submits a status report regarding ELG and standards for steam electric power generating point source category. (No. 15-60821).

                    • 6/6/2018

                      Intervenor Utility Water Act Group files motion to dismiss for lack of jurisdiction (No. 18-050).

                    • 5/18/2018

                      EPA files reply in support of its motion to dismiss (No. 18-050).

                    • 5/3/2018

                      CBD files its opposition to EPA’s motion to dismiss for lack of jurisdiction (No. 18-050). 

                    • 4/10/2018

                      EPA submits status report; requests stay of proceedings (No. 15-60821).

                    • 4/3/2018

                      EPA files motion to dismiss for lack of jurisdiction (No. 18-050)

                    • 2/22/2018

                      Environmental groups file their reply brief (No. 15-60821).

                    • 2/20/2018

                      In accordance with court order (8/22/17), EPA submits a  status report regarding ELG and standards for steam electric power generating point source category. (No. 15-60821)

                    • 1/30/2018

                      Center for Biological Diversity files a complaint for declaratory and injunctive relief (No. 18-050).

                    • 1/22/2018

                      Intervenor Utility Water Act Group files brief in support of respondents (No. 15-60821).

                    • 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

                      Fifth 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, NoO. 15-60821 (5th Cir.)

                    Case: CBE v. Pruitt, No. 18-050 (D. Ar.)

                    Permitting / NEPA Pipelines
                    • 10/4/2018

                      FERC grants approval to Atlantic Sunrise pipeline to begin full service operations.

                    • 2/3/2017

                      FERC grants final permit approvals for Atlantic Sunrise Pipeline.

                    • FERC
                    • 10/17/2018

                      Oral argument scheduled for Dec. 7, 2018.

                    • 7/2/2018

                      Petitioners file their joint reply brief.

                    • 7/2/2018

                      Petitioners file their joint opening brief.

                    • 6/29/2018

                      Respondent FERC files its brief.

                    • 6/27/2018

                      Intervenors file their joint brief.

                    • 6/7/2018

                      Joint petitioners, Allegheny Defense Project and Hilltop Hollow Ltd. Partnership file reply brief.

                    • 5/24/2018

                      Intervenors Transco, Anadarko, Chief Oil and Southern Co. file their brief.

                    • 5/10/2018

                      Respondent, FERC files brief.

                    • 3/9/2018

                      Petitioners file their joint appellate opening brief.

                    • 2/16/2018

                      Court enters order denying motion for stay.

                    • 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 Startup, Shutdown, Malfunction (SSM)
                      • EPA
                      • 10/16/2018

                        EPA files its sixth 90-day status report stating that the rule is still under review. 

                      • 7/18/2018

                        EPA files its fifth 90-day status report.

                      • 4/19/2018

                        EPA files its fourth 90-day status report.

                      • 1/19/2018

                        EPA files its third 90-day status report.

                      • 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 regarding challenges to 2015 EPA SSM rule, giving the agency  time to reconsider 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

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

                      Topic
                      Air Regulations
                      Issue/Reg
                      Clean Power Plan (Existing Source Performance Standards)
                      Order/Action
                      • 2/1/2018

                        EPA announces additional public hearings on proposed CPP repeal, and extends comment deadline until 4/26/18.

                      • 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
                      • 9/4/2018

                        Enviro group intervenors file opposition to continued abeyance.

                      • 7/24/2018

                        State petitioners and municipal intervenors file joint status report in support of continued abeyance.

                      • 6/26/2018

                        Court enters order directing EPA to continue to file status reports at 30-day interval.

                      • 6/1/2018

                        EPA submits 30-day status report regarding the scope of the potential new rule and requests the court to continue to hold case in abeyance.

                      • 5/9/2018

                        State and municipal intervenors file in opposition to EPA’s request for further abeyance.

                      • 5/9/2018

                        Public health and environmental group intervenors file an opposition against EPA’s request for further abeyance.

                      • 5/2/2018

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

                      • 4/2/2018

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

                      • 3/1/2018

                        Court enters order directing EPA to continue filing status reports at 30-day intervals.

                      • 2/9/2018

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

                      • 1/17/2018

                        Public health and environmental organizations file their opposition to EPA’s request for further abeyance.

                         

                      • 1/17/2018

                        State and Municipal Respondents file their opposition to EPA’s request for further abeyance.

                      • 1/10/2018

                        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 scheduling publication of the proposed rule for Fall 2017 inviting public comment. EPA requests the court to continue to hold the 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
                      • 10/19/2018

                        EPA sends proposed changes modifying 2012 MATS regulation to OMB for review.

                      • 7/29/2018

                        EPA informally announces that it plans to reconsider the 2012 MATS regulation.

                      • 5/9/2018

                        OMB-OIRA semiannual unified regulatory agenda projects proposed rulemaking addressing MATS regulation will be released in August 2018.

                      • 4/25/2016

                        EPA issues Supplemental Finding responding to U.S. Supreme Court decision in Michigan v. EPA, 135 S. Ct. 2699 (2015), discussing the appropriateness of associated costs including MATS, in regulating coal and oil-fired electric utility steam generating units (EGUs). 

                      more
                      Most Recent Action
                      Litigation
                      • 7/18/2018

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

                      • 4/19/2018

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

                      • 1/19/2018

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

                      • 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
                        • 10/19/2018

                          OMB-OIRA fall regulatory agenda projects finalization of methane new source performance standards rule in April 2019

                        • 10/15/2018

                          EPA formally proposes changes to methane new source performance standards (OOOOa, or "Quad O" rules) that “streamline implementation, reduce duplicative EPA and state requirements, and significantly decrease unnecessary burdens on domestic energy producers.” (Comment docket)

                        • 5/9/2018

                          Office of Management and Budget - Office of Information and Regulatory Affairs (OMB-OIRA) spring unified regulatory agenda projects finalization of methane New Source Performance Standards (NSPS, 40 CFR Part 60, Subpart OOOOa) rulemaking in November 2018.

                        • 3/12/2018

                          EPA finalizes amendments to the Oil and Gas Sector rule, removing the requirement for completion of delayed repair during unscheduled and emergency vent blowdowns and providing for separate monitoring requirements for well sites on the Alaskan North Slope.

                        • 11/8/2017

                          EPA issues a notice seeking comment on the agency’s proposed stays of certain requirements in  2016 NSPS for the oil and gas industry.

                          (Agency fact sheet)

                        • 6/16/2017

                          EPA issues order proposing to stay for two years the implementation of 2016 New Source Performance Standards emission standards emission standards from oil and gas production.

                        • 6/14/2017

                          EPA announces its intention to stop development of emission guidelines for existing oil and gas sources.

                        • 6/5/2017

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

                        more
                        Most Recent Action
                        Litigation
                        • 7/31/2018

                          EPA files answer to complaint. (No. 18-773).

                        • 5/30/2018

                          Intervenor Environmental Defense Fund files a complaint compelling EPA to issue methane emission guidelines from existing oil and gas sources. (No. 18-773)

                        • 4/5/2018

                          State and local governments file complaint against EPA to comply with  nondiscretionary duty via  Clean Air Act to set methane emission guidelines for oil and gas sources. (No. 18-773).

                        • 4/4/2018

                          State and local governments file complaint against EPA stating that the agency failed to set standards for methane emissions from existing oil and gas infrastructure. (No. 17-1145).

                        • 8/10/2017

                          Industry and State petitioners’ request for a rehearing en banc denied. (No. 17-1145).

                        • 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. (No. 17-1145).

                        • 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.  (No. 17-1145).

                        • 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 methane NSPS regulations on oil and gas sites.  (No.17-1145).

                        more
                        Notes/Info/Chamber/Statements

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

                        Case: State of New York v. Pruitt, No. 18-773 (D.D.C.)

                         

                        Topic
                        Air Regulations
                        Issue/Reg
                        NAAQS
                        Order/Action
                        • 7/25/2018

                          EPA issues 2015 ozone standard attainment designations for San Antonio, Texas metropolitan area.

                        • 6/26/2018

                          EPA In preparation for accelerated review schedule for 2020 ozone standard, EPA issues call for information seeking details on ozone scientific information that has been completed since the 2015 review.

                          (Comment docket)

                        • 6/19/2018

                          EPA sends draft rulemaking addressing 2008 Ozone NAAQS “good neighbor” provisions to OMB for review.

                        • 6/4/2018

                           EPA announces proposed ozone designations for remaining areas of the country under the 2015 ozone rule.

                        • 3/9/2018

                          EPA issues threshold implementation guidance setting attainment timelines for 2015 ozone rule.

                          (Agency fact sheet)

                        • 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
                        • 8/1/2018

                          Environmental petitioners file response to respondents’ petition for panel hearing. (No. 15-1115).

                           

                        • 8/1/2018

                          EPA informs D.C. Circuit that it will not revise 2015 ozone standard, and instead plans to focus on establishing a 2020 standard using a new approach to NAAQS reviews that is under development.

                        • 7/3/2018

                          Court enters order lifting abeyance as of Aug. 1 and directing new motions be filed by Aug. 22 (No. 15-1385).

                        • 6/20/2018

                          Court enters order directing environmental petitioners to file a response to EPA’s petition for panel rehearing. (No. 15-1115).

                        • 6/15/2018

                          State Petitioners file a motion to lift abeyance on August 1, 2018. (No. 15-1385).

                        • 6/8/2018

                          EPA files a response to the motion to lift the abeyance filed by state and intervenor petitioners. EPA opposes immediate request to lift the abeyance, but does not oppose lifting the abeyance on August 1, 2018. (No. 15-1385).

                        • 6/7/2018

                          EPA files a petition for panel rehearing of the Court’s 2/16/18 decision based on  court’s misinterpretation of two key points of law. (No. 15-1115).

                        • 6/6/2018

                          D.C. Circuit orders EPA to file a status report by July 31, 2018 regarding the status of all final designations for the 2015 ozone NAAQS. (No. 17-1185).

                        • 6/5/2018

                          EPA submits supplemental status report regarding ozone area designations. (No. 17-1185).

                        • 5/18/2018

                          State petitioners file their joint motion to lift abeyance. (No. 15-1385).

                        • 5/15/2018

                          EPA submits periodic status report in accordance with court order (12/19/17) regarding finalizing ozone designations. (No. 17-1185).

                        • 4/19/2018

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

                        • 3/12/2018

                          Court enters order granting NGO plaintiffs’ and state plaintiffs’ motions for summary judgment, confirming that the Administrator violated a nondiscretionary duty under the Clean Air Act to promulgate NAAQS for Ozone by Oct 1, 2017 (No. 17-6900).

                        • 2/16/2018

                          D.C. Cir. issues an opinion ruling that 1) EPA failed to adopt adequate anti-backsliding measures when it revoked the 1997 NAAQS, 2) EPA violated the CAA by allowing so-called “orphan nonattainment areas” to evade anti-backsliding requirements, 3) the rule’s invitation of “redesignation substitute requests” evaded the statutory requirements for redesignations, and 4) EPA failed to provide a statutory justification for allowing states to choose their own baseline year for measuring pollution reductions (No. 15-1115).

                           

                        • 1/31/2018

                          State of California files its reply in support of motion for summary judgment.

                           

                        • 1/26/2018

                          Environmental groups file their reply in support of motion for summary judgment.

                        • 1/19/2018

                          EPA files its opposition to environmental group plaintiffs’ motion for summary judgment. (No. 17-6900).

                        • 1/19/2018

                          EPA files its opposition  to environmental group plaintiffs’ motion for summary judgment. (No. 17-1185).

                           

                        • 1/12/2018

                          EPA submits periodic status report in accordance with court order (12/19/17) regarding finalizing ozone designations. (No. 17-1185).

                        • 1/8/2018

                          EPA submits status report,  stating it is continuing to review the Rule in Murray Energy. (No. 15-1385).

                        • 12/4/2017

                          Environmental groups file lawsuit against EPA over ozone deadline. (No. 17-6900).

                        • 10/10/2017

                          EPA submits 90-day status report stating that the agency is continuing its review of the ozone standard. (No. 15-1385).

                        • 8/1/2017

                          Coalition of 15 states sues EPA to block postponement of ozone standard implementation. (No. 17-1185).

                        • 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.

                        • 7/10/2017

                          EPA submits 90-day status report stating that the agency is continuing its review of the ozone standard. (No. 15-1385).

                        • 4/11/2017

                          D.C. Circuit grants EPA’s petition for indefinite abeyance of 2015 ozone standard lawsuit, delaying previously scheduled oral argument. Additionally, the court orders EPA to provide updates at 90-day intervals. (No. 15-1385).

                        • 10/26/2015

                          Industry petitioners file for review of agency’s proposed Ozone NAAQS rule. (No. 15-1385).

                        • 9/27/2018

                          The court issues order mandating compliance with 2/16/18 order. 

                        more
                        Notes/Info/Chamber/Statements
                        Topic
                        Air Regulations
                        Issue/Reg
                        Power Plant CO2 New Source Performance Standards (NSPS)
                        Order/Action
                        • 9/10/2018

                          EPA sends proposed revisions to 111(b) GHG NSPS regulations for power plants to OMB for review.

                        • 5/9/2018

                          OMB-OIRA spring unified regulatory agenda projects release of formal proposal to modify 111(b) NSPS regulations regarding new fossil-powered electric plants in June 2018.

                        • 3/28/2017

                          Executive Order 13783 – Promoting Energy Independence and Economic Growth, directs review and reconsideration of NSPS for new power plants (CCS mandate for new coal plants).

                        more
                        Most Recent Action
                        Litigation
                        • 10/23/2018

                          EPA submits 90-day status report stating that the agency is continuing its review of the rule.

                        • 7/24/2018

                          Environmental petitioners file response to respondents’ petition for panel hearing. (No. 15-1115).

                        • 4/27/2018

                          EPA submits 90-day status report stating that the agency is continuing its review of the rule.

                        • 1/25/2018

                          EPA submits 90-day status report stating that the agency is continuing its review of the rule

                        • 10/27/2017

                          EPA submits 90-day status report stating that the agency is continuing its review of the rule.

                        • 10/27/2017

                          EPA submits 30-day status report stating that the agency 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

                          EPA submits 30-day status report stating that the agency is continuing its review of the rule.

                        • 6/29/2017

                          EPA submits 30-day status report stating that the agency is continuing its review of 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
                        • 7/2/2018

                          EPA files its status report stating it intends to issue notice of proposed rule making by no later than Aug. 17, 2018.

                        • 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
                        • 2/12/2018

                          EPA announces final withdrawal of federal implementation plan, and approval of revised regional haze state implementation plan for Arkansas.

                        • 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.

                        more
                        Most Recent Action
                        Litigation
                        • 9/13/2018

                          Court enters order holding case in abeyance. Parties ordered to file status reports by Dec. 13, 2018.

                        • 7/13/2018

                          Court denies environmental petitioners’ motion to lift abeyance.

                        • 6/6/2018

                          Court enters order holding case in abeyance for 90 days. Parties must provide a status report at the end of the 90-day period.

                        • 4/4/2018

                          EPA and Arkansas file Joint Status Report regarding FIP for Arkansas regional haze program. EPA and Arkansas propose to replace NOx and SO2 emission limits to selected facilities.

                        • 3/7/2018

                          Eighth Circuit grants Entergy motion to stay to EPA final rule.

                        • 2/21/2018

                          Entergy requests that in light of EPA’s recent actions, no decision needs to be reached regarding NOx element in their motion to stay.  

                        • 2/12/2018

                          EPA notifies Eighth Circuit on its actions in withdrawing portions of FIP regarding NOx requirements.

                        • 2/12/2018

                          National Parks and Sierra Club advise Eighth Circuit of recent EPA actions (withdrawing portions of FIP regarding NOx) affecting Entergy stay motion from NOx requirements.

                        • 2/1/2018

                          Entergy files its reply in support of its motion to stay.

                        • 1/25/2018

                          Environmental groups file their response to Entergy’s motion to stay.

                        • 1/22/2018

                          EPA files its response to Entergy’s motion to stay.

                        • 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.

                           

                        • 12/22/2017

                          Entergy files opposition to EPA’s motion to hold litigation in abeyance.

                        • 12/20/2017

                          Environmental groups file motion to hold the rule in abeyance or alternatively motion for a stay of rule order to extend the response deadline.

                        • 11/1/2017

                          Eighth Circuit grants additional abeyance of case through 12/15/17

                        • 7/31/2017

                          Eighth Circuit grants a 2-month abeyance regarding Arkansas Regional Haze Federal Implementation Plan (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
                            • 10/16/2018

                              EPA files its sixth 90-day status report stating that the rule is still under review. 

                            • 7/18/2018

                              EPA files its fifth 90-day status report.

                            • 4/19/2018

                              EPA files its fourth 90-day status report.

                            • 1/19/2018

                              EPA files its third 90-day status report.

                            • 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 regarding challenges to 2015 EPA SSM rule, giving the agency  time to reconsider 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
                            • 9/28/2018

                              BLM finalizes revisions to methane venting and flaring rule.

                            • 2/22/2018

                              BLM publishes proposed revisions to the Methane and Waste Prevention Rule

                              (Agency press release)

                              (Comment docket)

                            • 2/12/2018

                              BLM announces proposal to revise Methane Waste Prevention Rule.

                              (Agency press release)

                               

                            • 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
                            • 10/30/2018

                              Eighteen environmental petitioners file suit in the U.S. District Court for Northern District of California challenging BLM revisions to venting and flaring regulations.

                            • 3/15/2018

                              Ninth Circuit enters order granting BLM’s  motion to dismiss. (No. 17-17456)

                            • 3/14/2018

                              BLM files voluntary motion to dismiss appeal. (No. 17-17456)

                            • 12/8/2017

                              Case docketed before the Court of Appeals for the 9th Circuit.  (No. 17-17456)

                            • 12/4/2017

                              BLM files Notice of Appeal to 9th Circuit. (No. 17-17456)

                            • 10/4/2017

                              U.S. District Court for Northern California invalidates Department of Interior’s administrative stay of BLM methane waste prevention rule. (No. 17-17456)

                            • 7/5/2017

                              State petitioners file suit against BLM for postponing the compliance date of Waste Prevention, Production Subject to Royalties and Resource Conservation rule. (No. 17-17456)

                            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 Closed).

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

                            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
                              • 10/5/2018

                                USDA Forest Service publishes draft management plans for its Intermountain and Rocky Mountain regions. (Comment docket)

                              • 5/4/2018

                                BLM publishes draft environmental impact analyses of proposed changes to sage grouse resource management plans in Colorado, Idaho, Oregon, Nevada, Utah, Wyoming, and part of California.

                              • 1/3/2018

                                BLM issues Sage Grouse Scoping Report.

                              • 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
                                    • 8/7/2017

                                      Interior’s Office of Natural Resources Revenue finalizes repeal of 2017 Valuation Rule.

                                       

                                      (Comment docket)

                                    • 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)

                                    more
                                    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 to relate the challenge to Delayed Royalty Rule to Plaintiffs’ challenge to the delay of  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

                                    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. 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
                                          Topic
                                          General / Energy Development
                                          Issue/Reg
                                          Energy Independence
                                          Order/Action
                                          • 3/28/2017

                                            Comprehensive Executive Order 13783 promoting energy security and independence. (individual provisions tracked separately)

                                          Most Recent Action
                                          Litigation
                                            Notes/Info/Chamber/Statements

                                            Chamber President Tom Donohue Praises President Trump’s commitment to making regulatory relief and energy security a top priority