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 below provides a comprehensive, filterable and sortable list of more than 130 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.

Immediately above the Tracker is a list of open comment periods and recent developments. 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 and Recently Completed Comment Periods
Department Proposal Comment Period
EPA 111(b) GHG NSPS power plant regulations (FR Notice) 12/21/18 - 3/18/19 (Comment docket)
Interior (BLM) ANWR Coastal Plain EIS (FR notice) 12/20/18 - 3/13/19 (Comment docket)
EPA Revised WOTUS definition (FR Notice) 2/14/19 - 4/15/19 (Comment docket)
EPA MATS Supplemental Cost-Benefit Finding (FR Notice) 2/7/19 - 4/17/19 (Comment docket)
DOE Light Bulb Efficiency Standards (FR Notice) 2/11/19 - 4/12/19 (Comment docket)
EPA Year-round E15 (FR Notice) 3/21/19 - 4/29/19 (Comment docket)
FERC Electric Transmission Incentives (FR Notice) 3/28/19 - 6/26/19 (FERC docket PL19-3-000)

The Tracker is updated regularly. This edition is updated through April 11, 2019.

  • Notable Developments Over the Last Month

  • 4/10/19: President Trump signs Executive Order on energy infrastructure directing numerous actions aimed at enabling “the timely construction of the infrastructure needed to move our energy resources through domestic and international commerce.”

  • 4/10/19: President Trump signs Executive Order “revising the process for development and issuance of Presidential permits” involving infrastructure permitting at border crossings.

  • 4/9/19: Tenth Circuit grants motion to dismiss challenge to 2016 venting and flaring regulation on mootness grounds stemming from BLM’s finalization of revisions.

  • 4/8/19: Environmental petitioners file suit challenging presidential memorandum granting permit to Keystone XL pipeline. (News summary)

  • 3/29/19: President Trump signs Presidential Memorandum granting permit to construct Keystone XL pipeline.

  • 3/27/19: Environmental groups file suit in Idaho District Court challenging BLM sage grouse management plans. (News summary)

  • 3/21/19: EPA proposes rule to allow E15 waiver and to improve renewable identification number (RIN) market transparency. 

  • 3/21/19: FERC opens Notice of Inquiry seeking comment on the scope and implementation of its electric transmission incentives aimed at ensuring reliability and reducing the cost of delivered power by reducing transmission congestion.

  • 3/22/19: Secretary Perry announces financial close of $3.7 billion loan guarantee to support the continued construction of Vogtle nuclear plant units in Georgia. 

  • 3/21/19: EPA sends proposed reforms to New Source Review project emissions accounting requirements to OMB-OIRA for review.

  • 3/20/19: BLM announces final record of decision and approved resource management plan amendments for sage grouse conservation in Oregon, Wyoming, Idaho, Colorado, Utah, and NE California.

  • 3/20/19: FERC approves final EIS for Texas LNG export terminal.

  • 3/19/19: Third Circuit grants request for stay blocking construction of Penn East pipeline while it reviews a challenge on eminent domain grounds. (News summary).

  • 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 12 executive orders, 6 presidential memoranda, and provisions in 7 public laws. Further, by our best estimate, there are currently 15 energy-related regulatory/policy reforms initiated or under review, 17 reforms formally proposed, and 37 reform actions that have been finalized or completed. (These figures do not include project-specific actions such as leases or permit approvals.) 

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
Energy Infrastructure Energy Infrastructure
  • 4/10/2019

    President Trump signs Executive Order “revising the process for development and issuance of Presidential permits” involving infrastructure permitting at border crossings.

  • Potus
    Energy Infrastructure Energy Infrastructure
    • 4/10/2019

      President Trump signs Executive Order on energy infrastructure directing numerous actions aimed at enabling “the timely construction of the infrastructure needed to move our energy resources through domestic and international commerce.”

    • Potus
    • DOT
    • EPA
    • Interior
    • DOL
      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
      • 4/9/2019

        Tenth Circuit grants motion to dismiss challenge to 2016 venting and flaring regulation on mootness grounds stemming from BLM’s finalization of revisions.

      • 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).

      Permitting / NEPA Pipelines
      • 3/29/2019

        President Trump signs Presidential Memorandum granting permit to construct Keystone XL pipeline.

      • 12/3/2018

        State Department announces Notice of Intent to prepare additional Keystone XL supplemental environmental impact statement (SEIS) in response to ruling from Federal District Court in Montana relating to greenhouse gas emissions, oil spills, cultural resources, and market analysis. 

      • 9/24/2018

        State Department issues draft environmental impact statement for alternative Keystone XL pipeline route.

      • 7/30/2018

        State Department releases draft environmental assessment of revised Keystone XL pipeline route, initiating 60-day comment period.

        (Comment docket)

      • 7/15/2018

        Court issues partial order on summary judgment regarding NEPA compliance.

      • 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.

      more
      • Potus
      • Army Corps
      • 4/8/2019

        Environmental petitioners file suit challenging presidential memorandum granting permit to Keystone XL pipeline. (News summary)

      • 3/19/2019

        Intervenor TransCanada files notice of appeal with the Ninth Circuit. 

      • 2/15/2019

        Montana District Court issues order enjoining preparation of sites for off-right-of-way construction camps on public lands surveyed for cultural resources, ultimately blocking preconstruction work on Keystone XL Pipeline. (News summary)

      • 1/14/2019

        District court hears TransCanada request to resume Keystone XL pre-construction activities on private lands while environmental reviews proceed.

        (News summary)

      • 12/21/2018

        Notice of appeal to the Ninth Circuit filed by TransCanda Corp.

      • 12/7/2018

        Montana district court judge halts preconstruction field work on Keystone XL Pipeline until completion of environmental reviews ordered in prior ruling. (News summary)

      • 8/15/2018

        Court issues partial order on summary judgment regarding NEPA compliance.

      • 5/11/2018

        Defendants file a reply supporting motion for summary judgment.

      • 4/27/2018

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

      • 3/30/2018

        Defendants file summary judgment cross-motion.

      • 3/30/2018

        Intervenor TransCanada files motion for summary judgment.

      • 2/9/2018

        Plaintiffs and environmental groups file their motion for partial summary judgment.

      • 1/22/2018

        Defendants file their opposition to plaintiffs’ motion to compel.

      • 1/8/2018

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

      • 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

      3/29/19: U.S. Chamber statement on Presidential Permit for Keystone XL pipeline.

      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.)

      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
      • 4/1/2019

        Oral argument held.

      • 2/19/2019

        Oral argument scheduled for April 1, 2019.

      • 1/14/2019

        Trade group intervenors file their response brief to petitioners' opening brief. Trade group amici also file their amicus brief.

      • 12/21/2018

        Respondent EPA files its response to petitioners’ opening brief.

      • 3/26/2018

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

      more
      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).

      • 3/29/2019

        Court enters order granting the parties’ joint stipulation of voluntary dismissal. 

      more

      Consolidated cases:

      California v. BLM, No. 17-7186 (N.D. CA). [CASE CLOSED]

      Sierra Club v. BLM, No. 17-7187 (N.D. CA). [CASE CLOSED]

      Endangered Species Act Sage Grouse
      • 3/20/2019

        BLM announces final record of decision and approved resource management plan amendments for sage grouse conservation in Oregon, Wyoming, Idaho, Colorado, Utah, and NE California.

      • 1/9/2019

        BLM extends deadline to file requests for revisions to proposed sage grouse conservation plans.

      • 12/10/2018

        BLM announces final Environmental Impact Statement (EIS) and proposed plan amendments addressing Greater Sage-Grouse conservation on public land in Oregon, Colorado, Idaho, Utah, Nevada/Northeastern California, and Wyoming.

         

      • 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
      • Interior
      • 3/27/2019

        Environmental groups file suit in Idaho District Court challenging BLM sage grouse management plans. (News summary)

      • 2/14/2019

        Coalition of environmental groups file notice of intent to sue Interior Department and Fish and Wildlife Service regarding decisions pertaining to sage grouse protections under the Endangered Species Act.

      Air Regulations Clean Power Plan (Existing Source Performance Standards)
      • 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
      • Potus
      • EPA
      • 3/24/2019

        Oral argument scheduled for June 4, 2019. (No. 18-36082).

      • 3/14/2019

        Respondent-Intervenors file their opposition to EPA’s request to hold case in abeyance. (No. 15-1363).

      • 3/11/2019

        EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by second quarter of 2019 and requesting case to be held in abeyance. (No. 15-1363).

      • 2/8/2019

        EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by second quarter of 2019.

      • 1/24/2019

        DC Circuit Court grants EPA request to postpone CPP status report until 14 days after resolution of the government shutdown..

      • 12/21/2018

        Court orders the consolidated cases to remain in abeyance for 60 days; EPA to continue filing 30-day status reports. 

        EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by Spring of 2019.

      • 11/21/2018

        EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by the first part of 2019.

      • 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

      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.)

      Nuclear Energy Loan Guarantees
      • 3/22/2019

        Secretary Perry announces financial close of $3.7 billion loan guarantee to finance the continued construction of nuclear plant units in Georgia (Vogtle Units 3 and 4). 

      • Energy
        Regulatory Reform Regulatory Reform
        • 9/7/2017

          Pursuant to EO 13771, OMB-OIRA issues memorandum directing agencies to propose a net reduction in regulatory costs for FY 2018.

        • 1/30/2017

          Executive Order 13771 directing the repeal of two existing regulations for each new regulation that is proposed.

        • Potus
        • OMB
        • 3/22/2019

          Federal defendants file their answer to amended complaint. 

        • 2/8/2019

          Court issues order denying federal defendants’ motion to dismiss and granting a motion for judicial notice of various public statements. 

        • 7/16/2018

          Plaintiffs file their reply in support of motion for summary judgment.

        • 7/14/2018

          Federal defendants file their opposition to State of California and Oregon’s motion to intervene.

        • 6/25/2018

          Federal defendants file their reply in support of their motion to dismiss and file their opposition to plaintiffs’ motion for summary judgment.

        • 6/4/2018

          Plaintiffs move for partial summary judgment on the issue of standing.

        • 6/4/2018

          State of California and Oregon file motion to intervene as party plaintiffs.

        • 6/4/2018

          Plaintiffs submits a memorandum supporting motion for partial summary judgement and in opposition to defendant’s motion to dismiss. 

        • 5/14/2018

          Defendants file motion to dismiss.

        • 4/2/2018

          Plaintiffs file motion for leave to file Second Amended Complaint.

        • 2/26/2018

          Court grants the government’s motion to dismiss for lack of jurisdiction.

        • 1/4/2018

          Defendants file response to plaintiffs’ supplemental memorandum.

           

        • 8/21/2017

          Plaintiffs file supplemental memorandum in support of Motion for Summary Judgment.

        • 8/10/2017

          Oral arguments held before the court.

        • 2/8/2017

          Environmental groups file for declaratory and injunctive relief on the basis that the Executive Order forces agencies to violate their statutory mandates to consider rule benefits and to follow certain rule promulgation procedures.

        • 7/19/2018

          Intervenors file their reply memorandum in support of motion to intervene.

        more

        Case: Pub. Citizen, Inc. v. Trump, No. 17-cv-00253 (D.D.C.)

        Permitting / NEPA LNG Permitting
        • 3/22/2019

          FERC approves final EIS for Texas LNG export terminal.

          Land Management / Leasing Monuments
          • Potus
          • Interior
          • 3/22/2019

            Court enters minute order denying plaintiffs’ motion for partial summary judgment. (No. 17-2591)

          • 3/20/2019

            Environmental groups, members of congress and other professional groups file amicus briefs. (No. 17-2587)

          • 2/15/2019

            Federal defendants file their motion to dismiss. (Case No. 17-2591)

          • 12/12/2018

            Federal Defendants file their reply in support of their motion to dismiss. (17-2587)

          • 11/15/2018

            Environmental groups file their response to DOJ’s motion to dismiss. (17-2587).

          • 10/1/2018

            Federal Defendants file their motion to dismiss. (No. 17-2587).

          • 2/15/2018

            Defendants file their reply supporting motion to transfer the case. (No.17-2587).

          • 2/15/2018

            District court grants defendant’s motion to consolidate No. 17-cv-2591 with No. 17-cv-02587 for administrative purposes.
             

          • 2/1/2018

            Plaintiffs file in opposition to federal defendants’ motion to transfer case to district of Utah.

          • 2/1/2018

             Plaintiffs file their opposition to federal defendants’ motion to transfer case.

          • 1/20/2018

            Plaintiffs file motion for partial summary judgment.

          • 1/18/2018

            Federal defendants file their motion to transfer case to district of Utah.

          • 1/4/2018

            Plaintiffs file their notice of consent for consolidation of cases.

          • 12/4/2017

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

             

          more

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

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

           

          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
          • 3/21/2019

            EPA files its 90-day status report requesting that judicial proceedings remain stayed as relating to the portions of the 2015 Rule concerning the new, more stringent BAT limitations and PSES. (Case No. 15-60821)

          • 12/20/2018

            EPA files its 90-day status report requesting that judicial proceedings remain stayed as relating to the portions of the 2015 Rule concerning the new, more stringent BAT limitations and PSES. (Case No. 15-60821).

          • 10/29/2018

            Court grants the Federal Defendants’ and UWAG’s motions to dismiss on the grounds that the EPA’s action promulgating effluent limitations under the Clean Water Act is reviewable by the courts of appeals, not by a district court. (Case No. 18-050).  

          • 10/3/2018

            Oral argument heard.  (Case No. 15-60821).

          • 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

          Case: S. Elec. Power Co. v. EPA, NoO. 15-60821 (5th Cir.)

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

          Vehicles / Fuels Renewable Fuel Standard (RFS)
          • 3/21/2019

            EPA proposes rule to allow E15 waiver and to improve renewable identification number (RIN) market transparency. 

            Air Regulations New Source Review
            • 3/21/2019

              EPA sends proposed reforms to New Source Review project emissions accounting requirements to OMB-OIRA for 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)

              Electricity Transmission
              • 3/21/2019

                FERC opens Notice of Inquiry seeking comment on the scope and implementation of its electric transmission incentives aimed at ensuring reliability and reducing the cost of delivered power by reducing transmission congestion.

              • FERC
                Permitting / NEPA Pipelines
                • FERC
                • 3/19/2019

                  Third Circuit grants request for stay blocking construction of Penn East pipeline while it reviews a challenge on eminent domain grounds. (News summary)

                Air Regulations Regional Haze
                  • EPA
                  • 3/11/2019

                    Court enters order holding case in abeyance and directing EPA to file a status report by June 10, 2019.

                  • 12/10/2018

                    EPA files its status report stating it is conducting technical analyses of the regional haze Final Rule (Utah implementation plan) and will publish a notice of proposed rulemaking.

                  • 9/10/2018

                    Court enters order holding case in abeyance and directing EPA to file a status report by Dec. 10, 2018.

                  • 6/11/2018

                    Court enters order holding case in abeyance and directing EPA to file status report by Sep. 10, 2018.

                  • 3/12/2018

                    In status report to the Tenth Circuit, EPA says it plans to develop a new regional haze plan for Utah after completing new air quality modeling simulations later this spring.

                  • 9/11/2017

                    Tenth 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.

                  more

                  Case: Utah v. EPA, No. 16-9541 (10th Cir.)

                  Permitting / NEPA LNG Permitting
                  • 3/5/2019

                    DOE authorizes LNG exports from Calcasieu Pass (LA) export terminal.

                  • 2/21/2019

                    FERC grants authorization for Calcasieu Pass LNG export terminal.

                  • FERC
                  • Energy

                    3/6/19: Status of DOE LNG export applications.

                    Land Management / Leasing Alaska Petroleum Reserve (NPR-A)
                    • 10/26/2017

                      BLM announces NPR-A oil and gas lease sale for 12/6/17.  Sale includes 900 tracts totally more than 10 million acres. 

                    • Interior
                    • 3/1/2019

                      Alaska Native village and environmental groups file suit in Alaska district court challenging Department of Interior’s approval of exploratory drilling in the National Petroleum Reserve-Alaska.

                    • 12/6/2018

                      Alaska district court judge dismisses lawsuits challenging lease sales in NPR-A. (News summary)

                    • 2/2/2018

                      Environmental petitioners file lawsuits challenging lease sales in NPR-A. (News summary)

                    more
                    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
                    • 3/24/2019

                      Oral argument scheduled for June 4, 2019. (No. 18-36082).

                    • 3/14/2019

                      Respondent-Intervenors file their opposition to EPA’s request to hold case in abeyance. (No. 15-1363).

                    • 3/11/2019

                      EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by second quarter of 2019 and requesting case to be held in abeyance. (No. 15-1363).

                    • 2/8/2019

                      EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by second quarter of 2019.

                    • 1/24/2019

                      DC Circuit Court grants EPA request to postpone CPP status report until 14 days after resolution of the government shutdown..

                    • 12/21/2018

                      Court orders the consolidated cases to remain in abeyance for 60 days; EPA to continue filing 30-day status reports. 

                      EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by Spring of 2019.

                    • 11/21/2018

                      EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by the first part of 2019.

                    • 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
                    • 2/7/2019

                      EPA MATS supplemental cost finding proposal formally published in the Federal Register.

                    • 12/28/2018

                      12/28/18: EPA announces proposal to revise MATS supplemental cost finding.

                      (Comment docket)

                    • 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
                    • 1/14/2019

                      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.” EPA will submit its next status report in 90 days.

                    • 10/16/2018

                      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.” EPA will submit its next status report in 90 days.

                    • 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

                    04/17/19: U.S. Chamber comments on MATS proposal

                    03/26/19: Coalition comments on MATS proposal

                    03/18/19: U.S. Chamber comments at EPA public hearing on MATS proposal

                    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
                      • 12/6/2018

                        EPA finalizes “good neighbor” determinations for 2008 ozone NAAQS.

                      • 12/6/2018

                        EPA finalizes nonattainment area and ozone transport region implementation requirements for the 2015 ozone standard.

                        (Agency fact sheet)

                      • 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
                      • 2/4/2019

                        Environmental petitioners challenge 12/6/18 rulemaking finalizing implementation requirements for the 2015 ozone standard.

                      • 9/27/2018

                        The court issues order mandating compliance with 2/16/18 order. (No. 15-1115)

                      • 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).

                      more
                      Notes/Info/Chamber/Statements
                      Topic
                      Air Regulations
                      Issue/Reg
                      Power Plant CO2 New Source Performance Standards (NSPS)
                      Order/Action
                      • 1/31/2019

                        EPA extends comment period on proposed GHG NSPS reforms until 3/18/19.

                      • 12/6/2018

                        EPA proposes revisions to 111(b) GHG NSPS power plant regulations.

                        (Agency fact sheet)

                        (Comment docket)

                      • 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
                      • 1/31/2019

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

                      • 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

                      03/19/19: U.S. Chamber comments on proposed NSPS reforms.

                      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
                      • 2/12/2019

                        EPA files its status report stating that it is currently reviewing public comments received in response to its publication of proposed BART rulemaking.

                      • 11/8/2018

                        EPA files its status report stating that it is currently reviewing public comments received in response to its publication of proposed BART rulemaking.

                      • 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.

                      more
                      Notes/Info/Chamber/Statements
                      Topic
                      Air Regulations
                      Issue/Reg
                      Regional Haze
                      Order/Action
                      • 11/30/2018

                        EPA announces its proposed approval of key portions of Arkansas’ Regional Haze plan and withdrawal of corresponding federal haze plan provisions. 

                      • 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
                      • 1/10/2019

                        Court enters order holding case in abeyance. Parties ordered to file status reports by Apr. 10, 2019.

                      • 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
                          • 2/8/2019

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

                          • 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
                          • 4/9/2019

                            Tenth Circuit grants motion to dismiss challenge to 2016 venting and flaring regulation on mootness grounds stemming from BLM’s finalization of revisions.

                          • 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
                            • 3/20/2019

                              BLM announces final record of decision and approved resource management plan amendments for sage grouse conservation in Oregon, Wyoming, Idaho, Colorado, Utah, and NE California.

                            • 1/9/2019

                              BLM extends deadline to file requests for revisions to proposed sage grouse conservation plans.

                            • 12/10/2018

                              BLM announces final Environmental Impact Statement (EIS) and proposed plan amendments addressing Greater Sage-Grouse conservation on public land in Oregon, Colorado, Idaho, Utah, Nevada/Northeastern California, and Wyoming.

                               

                            • 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
                            • 3/27/2019

                              Environmental groups file suit in Idaho District Court challenging BLM sage grouse management plans. (News summary)

                            • 2/14/2019

                              Coalition of environmental groups file notice of intent to sue Interior Department and Fish and Wildlife Service regarding decisions pertaining to sage grouse protections under the Endangered Species Act.

                            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