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 energy-related federal actions tracked by date, agency, high-level topic area, and specific issue. The default view displays entries in reverse chronological order of the most recent substantive action by the relevant agency or court.

The Tracker will be updated regularly. This edition is updated through September 12, 2018. Notable developments over the last month include:

  • 9/11/18: EPA formally proposes changes to methane new source performance standards (OOOOa) that “streamline implementation, reduce duplicative EPA and state requirements, and significantly decrease unnecessary burdens on domestic energy producers.”

  • 9/10/18: EPA sends proposed revisions to 111(b) GHG NSPS regulations for power plants to OMB for review.

  • 9/10/18: EPA announces regional haze reform roadmap that will provide “a series of implementation tools and guidance documents that will help focus states’ efforts and reduce and streamline the time and resources needed to meet...requirements for reducing regional haze in National Parks, wildlife refuges, and wilderness areas.”

  • 9/6/18: BLM announces results of New Mexico lease sale, totaling $972 million for 142 parcels, a record amount.

  • 9/4/18: OMB releases proposed initiation fee for project sponsors that utilize the Federal Permitting Improvement Steering Council (FPISC) FAST-41 environmental permitting reviews.

  • 8/31/18: EPA publishes proposed “Affordable Clean Energy rule” for existing electric generating units in Federal Register, and schedules public hearing for 10/1/18. (Agency press release)

  • 8/31/18: FERC issues updated environmental review schedules for 12 proposed LNG export terminal applications. (Agency press release)

  • 8/31/18: Interior Deputy Secretary Bernhardt signs Secretarial Order 3355, detailing agency plans to streamline NEPA reviews and implement EO 13807.

  • 8/31/18: Bureau of Land Management releases draft EIS for revised boundaries of Grand Staircase Escalante national monument.

  • 8/31/18: FERC and the Pipeline Hazardous Materials Safety Administration (PHMSA) announce MOU to improve coordination of LNG permitting.

  • 8/29/18: EPA informally announces that it plans to reconsider the 2012 MATS regulation.

  • 8/29/18:  FERC authorizes construction on Mountain Valley Pipeline to resume after BLM “confirmed that the route approved by the certificate order collocates with other right-of-ways"

  • 8/17/18: Bureau of Land Management releases draft EIS for revised boundaries of Bears Ears national monument.

  • 8/16/18: District Court invalidates EPA delay of WOTUS rule, reinstating the regulation in 26 states.

  • 8/7/18: Army Corps of Engineers announces memorandum empowering States and tribes to assume administration of Clean Water Act Section 404 “dredge and fill” permitting activities. (Agency press release)

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

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.

 

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Energy Tracker

Indicates Public Law
Topic Issue/Reg Order/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
Air Regulations Methane NSPS
  • 9/11/2018

    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.”

  • 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 Regional Haze
  • 9/10/2018

    EPA announces regional haze roadmap that will provide “a series of implementation tools and guidance documents that will help focus states’ efforts and reduce and streamline the time and resources needed to meet...requirements for reducing regional haze in National Parks, wildlife refuges, and wilderness areas.” 

  • EPA
    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.

    • 7/24/2018

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

    • 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
    • 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.)

    Air Regulations Regional Haze
    • 9/10/2018

      EPA announces regional haze roadmap that will provide “a series of implementation tools and guidance documents that will help focus states’ efforts and reduce and streamline the time and resources needed to meet...requirements for reducing regional haze in National Parks, wildlife refuges, and wilderness areas.”

    • EPA
      Land Management / Leasing Oil and Gas Leasing
      • 9/6/2018

        BLM announces results of New Mexico lease sale, totaling $972 million for 142 parcels, a record amount.

        (Agency press release)

      • Interior
        Permitting / NEPA National Environmental Policy Act (NEPA)
        • 9/4/2018

          OMB releases proposed initiation fee for project sponsors that utilize the Federal Permitting Improvement Steering Council (FPISC) FAST-41 environmental permitting reviews.

          (Comment docket)

        • OMB
          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
          • 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.)

          Permitting / NEPA Pipelines
          • 8/29/2018

            FERC authorizes construction on Mountain Valley Pipeline to resume after the Bureau of Land Management “confirmed that the route approved by the certificate order collocates with other right-of-ways to the extent practical as required by the Mineral Leasing Act of 1920 and the mandate of the U.S. District Court for the Fourth Circuit.

          • 10/13/2017

            FERC grants final approval to Mountain Valley Pipeline.

            (News Summary)

          • FERC
          • 9/4/2018

            Petitioners file joint opening brief. 

          • 8/30/2018

            Court denies environmental petitioners’ motion to stay and issues revised briefing schedule.

             

          • 7/27/2018

            Fourth Circuit remands decisions made by U.S. Forest Service and Bureau of Land Management pertaining to rights-of-way for portion of Mountain Valley Pipeline in the Jefferson National Forest. Pipeline construction temporarily halted.

          • 7/20/2018

            Environmental petitioners file a motion to stay FERC’s order.

          • 5/16/2018

            D.C. Circuit denies motion to hold case in abeyance or defer filing of the certified index.

          • 2/5/2018

            WGL Midstream Inc. files its response in support of FERC’s motion to dismiss.  

          • 2/2/2018

            Court enters a non-opinion order denying motions for stay.

          • 1/26/2018

            Petitioner environmental group files reply in support of its motion for stay.

          • 1/26/2018

            FERC files motion to dismiss for lack of jurisdiction.

          • 1/22/2018

            Intervenor Mountain Valley Pipeline files its opposition to Petitioner’s motion for stay.

             

          • 1/11/2018

            Petitioner environmental group files motion for stay.

          • 1/8/2018

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

          more

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

          Air Regulations Risk Management Program
          • EPA
          • 9/4/2018

            Court orders a return of the August mandate

          • 8/24/2018

            Enviro petitioners file motion for expedited issuance of mandate.  

          • 8/17/2018

            The Court issues opinion and order vacating EPA’s delay of effective date of the Chemical Disaster Rule of June 14, 2017.

          • 4/16/2018

            Petitioners submit joint response court order. Petitioners response aims to supplement and correct rules in EPA’s submission.

          • 4/6/2018

            EPA submits its response to court’s 3/23 order.

          • 3/23/2018

            Court enters order requesting EPA to submit a comprehensive list of pre-2017 examples of federal agencies issuing final notice-and-comment regulations that (i) change effective date and (ii) explicitly justify change to effective date.

          • 3/16/2018

            Oral arguments held.

          • 1/31/2018

            Industry intervenors file their final reply brief.

          • 1/31/2018

            Industry intervenors file their final brief.

          • 1/31/2018

            State intervenors file their final brief.

             

          • 1/30/2018

            State petitioners file their final opening brief.

             

          • 1/30/2018

            State petitioners file their final reply brief.

          • 1/19/2018

            State and industry intervenors file their reply proof briefs.

          • 12/8/2017

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

          • 11/3/2017

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

          • 11/1/2017

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

          • 10/25/2017

            State and Industry petitioners file their respective briefs.

          • 9/26/2017

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

          • 8/30/2017

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

          • 6/15/2017

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

          • 12/22/2017

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

          • 12/8/2017

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

          • 11/3/2017

            Institute for Policy Integrity (NYU School of Law) files amicus arguing EPA disregarded the impacts of the delay rule.

          • 11/1/2017

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

          • 10/25/2017

            State and Industry petitioners file their respective briefs.

          • 9/26/2017

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

          • 8/30/2017

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

          • 6/15/2017

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

          more

          6/14/18: U.S. Chamber statement on proposed amendments to Risk Management Program.

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

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

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

          Land Management / Leasing Monuments
          • 8/31/2018

            Bureau of Land Management releases draft environmental impact statement for revised boundaries of Grand Staircase Escalante national monument.

            (Comment docket)

          • 8/30/2018

            Department of Interior announces creation of Bears Ears National Monument Advisory Committee.

          • 8/17/2018

            Bureau of Land Management releases draft EIS for revised boundaries of Bears Ears national monument.

          • 3/9/2018

            Department of Interior announces four public scoping meetings as part of ongoing land use planning for Bears Ears National Monument (BENM) and Grand Staircase-Escalante National Monument (GSENM).

          more
          • Interior
            Water Regulations / Fracking Waters of the U.S. (WOTUS)
            • 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
            • 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.)

            Permitting / NEPA LNG Permitting
            • FERC
              Permitting / NEPA LNG Permitting
              • 8/31/2018

                FERC and the Pipeline Hazardous Materials Safety Administration (PHMSA) announce MOU to improve coordination of LNG permitting.

                (Agency press release)

              • FERC
              • DOT
                Permitting / NEPA National Environmental Policy Act (NEPA)
                • 8/31/2018

                  Interior Deputy Secretary Bernhardt signs Secretarial Order 3355, detailing agency plans to streamline NEPA reviews and implement EO 13807, “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects”

                • Interior
                  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
                  • 8/21/2018

                    Court issues opinion and order 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.).

                  Vehicles / Fuels Heavy duty truck mileage standards
                  • 7/26/2018

                    Acting Administrator Wheeler rescinds 7/6/18 “no action assurance” memo regarding enforcement of 2018 glider production cap.

                  • 7/6/2018

                    EPA enforcement office issues “no action assurance” memo determining that the agency will not enforce the 300-unit glider production cap for 2018.

                  • 11/9/2017

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

                    (News Summary)

                  • 8/17/2017

                    EPA announces intent to initiate a rulemaking to modify Phase II trailer and glider emission and fuel efficiency standard provisions.

                  more
                  • EPA
                  • 8/17/2018

                    Petitioners file their reply in support of motion to compel.

                  • 7/16/2018

                    EPA responds to petitioners’ motion to compel.

                     

                  • 8/6/2018

                    Petitioners file motion to compel EPA to submit detailed status report.

                  • 4/25/2018

                    In accordance with court order (10/27/17), federal respondents submit a status report regarding greenhouse gas emissions and fuel efficiency standards for medium and heavy-duty engines and vehicles.

                  • 1/22/2018

                    Federal respondents file status report stating that they are working to develop a proposed rule.

                  • 10/27/2017

                    Court grants motion for stay, continuing abeyance.

                  • 10/12/2017

                    State Intervenors file their opposition to motion for stay.

                  • 10/12/2017

                    Environmental Intervenors file their opposition to motion for stay.

                  • 10/12/2017

                    Trailer petitioner files motion for stay.

                  • 10/4/2017

                    Court grants motion for extension of time; Responses to the Motion to Stay now due on Oct. 12.

                  • 8/21/2017

                    Cases to remain in abeyance pending further order.

                  • 5/8/2017

                    D.C. Circuit grants Trump Administration request for abeyance of lawsuit by truck trailer manufacturer trade association and others challenging August 2016 EPA-NHTSA regulations of greenhouse gas emissions from heavy-duty trucks.

                  • 12/22/2016

                    Industry group files for review of Agency final rule regarding Gas Emissions and Fuel Efficiency Standards.

                  more

                  Abeyance granted through approx. July 20.

                  Case: Truck Trailer Mfr. Ass’n v. EPA, No. 16-1430 (D.C. Cir.)

                  Permitting / NEPA Pipelines
                  • 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
                  • 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

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

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

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

                  Permitting / NEPA Pipelines
                  • 8/10/2018

                    FERC issues stop-work order on Atlantic Coast Pipeline until issues related to National Park Service and Fish and Wildlife Service permits can be resolved.

                  • 10/13/2017

                    FERC grants final approval to Atlantic Coast Pipeline, with conditions.

                    (News Summary)

                  • 7/21/2017

                    FERC releases final Environmental Impact Statement (EIS) for proposed Atlantic Coast Pipeline.

                  more
                  • FERC
                  • 7/11/2018

                    Federal respondents file their opposition to petitioners’ brief.

                  • 4/24/2018

                    Petitioners file their opening brief challenging issuance of a permit to the pipeline.

                  5/30/18: U.S. Chamber files comments on the Virginia State Water Control Board’s (SWCB) challenge to the Army Corps of Engineers Nationwide Permit 12 (NWP 12) for ACP.

                  Chamber infographic: Benefits of the Atlantic Coast Pipeline

                  Water Regulations / Fracking CWA Section 404(c)
                  • 8/7/2018

                    Army Corps of Engineers announces memorandum empowering States and tribes to assume administration of Clean Water Act Section 404 “dredge and fill” permitting activities.

                    (Agency press release)

                  • Army Corps
                    Permitting / NEPA Pipelines
                    • 8/6/2018

                      FERC overrules New York Department of Environmental Conservation’s denial of CWA Section 401 water permit for Northern Access Pipeline.

                    • 4/10/2018

                      New York state DEC denies Clean Water Act section 401 permit for Northern Access Pipeline.

                    • 2/3/2018

                      FERC approves Northern Access Pipeline. 

                    more
                    • FERC
                      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
                      • 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
                        • 9/11/2018

                          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.”

                        • 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).

                        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.

                        • 7/24/2018

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

                        • 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
                        • 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
                        • 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
                            • 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
                            • 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
                            • 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
                              • 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)

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                              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. 

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                                    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