U.S. CHAMBER OF COMMERCE

Global Energy Institute - Beveridge & Diamond
Energy Tracker

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

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

The Tracker will be updated regularly. This edition is updated through June 27, 2018. Notable developments over the last month include:

  • 5/17/18: President Trump signs Executive Order 13834, directing agencies to “achieve and maintain annual reductions in building energy use and implement energy efficiency measures that reduce costs.” The EO eliminates specific goals and timetables associated with EO 13693, which was signed in 2015.

  • 5/18/18: FERC denies rehearing request objecting to the Commission’s limited review of upstream and downstream greenhouse gases associated with its approval of two gas compressor stations. The commission concluded “we are unable to find based on the record that the potential increase in greenhouse gas emissions associated with
    production, non-project transport, and non-project combustion are causally related to our action in approving this Project.”

  • 5/21/18: Coalition comments on EPA request for information regarding direct hydrologic connection and associated Clean Water Act jurisdiction.

  • 5/30/18: EPA issues proposed rule amending RIsk Management Program. (Agency fact sheet)(Comment docket)

  • 6/6/18: Subcommittees of the Department of Interior Royalty Policy Committee makes a number of recommendations to expand energy production, including offshore wind leasing, offshore energy and mineral production, and solar right-of-way policies.

  • 6/6/18: Bureau of Land Management issues information bulletin 2018-061, intended to make the NEPA process more efficient, including through the use of categorical exclusions in circumstances defined under a provision of the Energy Policy Act of 2005.

  • 6/7/18: Interior Secretary Zinke announces $4 million Fish and Wildlife Service grant to support oil exploration readiness in the ANWR Coastal Plain.

  • District Court in Georgia grants motion by nine states requesting preliminary injunction blocking implementation of WOTUS rule. (No. 15-00079).

  • 6/13/18: EPA issues advanced notice of proposed rulemaking seeking feedback on potential reforms cost-benefit analyses and related processes.

  • 6/15/18: EPA sends proposed “step 2” definition of Waters of the United States rule to Office of Management and Budget.(Agency press release)

  • 6/18/18: EPA announces approval of Oklahoma permit program for managing coal combustion residuals--the first state permit of its kind.

  • 6/19/18: EPA sends draft rulemaking addressing 2008 Ozone NAAQS “good neighbor” provisions to OMB for review.

  • 6/19/18: President Trump signs Executive Order on ocean policy that aims to “promote ocean industries, which employ millions of Americans, advance ocean science and technology, feed the American people, transport American goods, expand recreational opportunities, and enhance America’s energy security”

  • 6/20/18: Pursuant to Executive Order 13807 to enhance and modernize federal review of environmental regulations, Council on Environmental Quality announces an Advanced Notice of Proposed Rulemaking for comments to amend and revise NEPA regulations.

  • 6/25/18: IRS issues Notice 2018-59, establishing beginning of construction guidance for the renewable energy investment tax credit (ITC) under Section 48 of the Internal Revenue Code. The notice details two key eligibility requirements pertaining to a physical work test and a 5 percent safe harbor.

  • 6/26/18: EPA proposes RFS volume standards for 2019, and biomass-based diesel volumes for 2020.

  • 6/26/2018 Court approves 60-day extension of abeyance in CPP litigation; judges Wilkins and Millet indicate they may not approve further extensions.

  • 6/27/18: EPA Administrator Pruitt issues memo directing agency to update regulations pertaining to section 404(c) of the Clean Water Act, including eliminating EPA’s authority to preemptively veto projects before they have gone through the permit process.

In addition to the comprehensive tracking database below, cumulative data quantifying the status and progress of Trump Administration energy actions is tabulated in this simplified quick reference list. As of this edition of the Tracker, energy-related actions taken by President Trump include 10 executive orders, 5 presidential memoranda, and provisions in 5 public laws. Further, by our best estimate, there are currently 15 energy-related regulatory/policy reforms initiated or under review, 12 (+1 from last month), reforms formally proposed, and 26 reform actions that have been finalized or completed (+3 from last month). (These figures do not include project-specific actions such as leases or permit approvals.)

In addition, litigation pertaining to at least 19 actions is underway or ongoing. Among these, seven regulatory-related court cases are currently being held in abeyance, and in 3 instances court action has overturned Executive Branch postponement of regulatory implementation.

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

 

Energy Tracker

Indicates Public Law
Topic Issue/Reg Order/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
Water Regulations / Fracking CWA Section 404(c)
  • 6/27/2018

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

  • EPA
    Air Regulations 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
    • 6/26/2018

      Court approves 60-day extension of abeyance; judges Wilkins and Millet indicate they may not approve further extensions, writing: "If EPA or the Petitioners wish to delay further the operation of the Clean Power Plan while the agency engages in rulemaking, then they should avail themselves of whatever authority Congress gave them to do so, rather than availing themselves of the Court's authority under the guise of preserving jurisdiction over moribund petitions."

       

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

    • 8/8/2017

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

    • 4/28/2017

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

    more

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

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

    Litigation details at U.S. Chamber Litigation Center.

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

    Air Regulations NAAQS
    • 6/26/2018

      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. 

    • 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
    • EPA
    • 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.

       

    • 1/8/2018

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

    • 10/10/2017

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

    • 8/1/2017

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

    • 7/10/2017

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

    • 4/11/2017

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

    • 10/26/2015

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

    more

    Blog: EPA Delays Implementing Ozone Standard for One Year

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

    Case details at Chamber Litigation Center.

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

    Vehicles / Fuels Renewable Fuel Standard (RFS)
    • 6/26/2018

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

    • 12/12/2017

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

    • 11/30/2017

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

    • 10/4/2017

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

      (News Summary)

    • 7/21/2017

      EPA proposes renewable fuel volumetric blending requirements for 2018.

    more
    • EPA
      Tax Investment Tax Credits
      • 6/25/2018

        IRS issues Notice 2018-59, establishing beginning of construction guidance for the renewable energy investment tax credit (ITC) under Section 48 of the Internal Revenue Code. The notice details two key eligibility requirements pertaining to a physical work test and a 5 percent safe harbor. 

      • Treasury
        Energy Efficiency Buildings
        • 6/22/2018

          President Trump signs Executive Order 13834, directing agencies to “achieve and maintain annual reductions in building energy use and implement energy efficiency measures that reduce costs.” The EO eliminates specific goals and timetables associated with EO 13693, which was signed in 2015. 

        • CEQ
        • Potus
          Endangered Species Act General
          • 6/21/2018

            Interior Secretary Zinke announces reorganization of Interior Department functions, including transfer of the Department of Commerce’s National Marine Fisheries Service and associated ESA administration to the Department of Interior.

          • Interior
            Permitting / NEPA National Environmental Policy Act (NEPA)
            • 6/20/2018

              Pursuant to Executive Order 13807 to enhance and modernize federal review of environmental regulations, Council on Environmental Quality announces an Advanced Notice of Proposed Rulemaking for comments to amend and revise NEPA regulations.

            • CEQ
              General / Energy Development Offshore energy
              • 6/19/2018

                President Trump signs Executive Order on ocean policy that aims to “promote ocean industries, which employ millions of Americans, advance ocean science and technology, feed the American people, transport American goods, expand recreational opportunities, and enhance America’s energy security” 

              • Potus
                Water Regulations / Fracking Coal Combustion Residuals
                • 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 1 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
                • 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.).

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

                • 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
                • 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

                  6th Circuit lifts nationwide stay of the Waters of the U.S. rule.

                • 1/22/2018

                  Supreme Court issues an opinion concluding that the final rule under review is not the kind of action the Act requires be originally heard in the Courts of Appeal, 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.

                • 11/22/2017

                  Federal Respondents file notice of publication of proposed rule.

                   

                • 6/30/2017

                  EPA files notice of publication of proposed rulemaking to re-codify the definition of WOTUS.

                • 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

                  6th Circuit grants abeyance in Murray Energy v. EPA lawsuit against (stayed) WOTUS regulation, pending Trump Administration review of the rule.

                • 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.

                more

                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: 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.)

                Regulatory Reform Cost and Benefits
                • EPA
                  Air Regulations NAAQS
                  • EPA
                    Permitting / NEPA Pipelines
                    • 2/17/2017

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

                    • 1/24/2017

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

                    • 6/8/2018

                      U.S. Army of Engineers submits status report regarding progress of remand and expected date to complete remand process.

                    • 5/2/2018

                      In accordance with court order (5/3/18), U.S. Army of Engineers submits status report regarding progress of remand.

                    • 4/30/2018

                      Defendant Dakota Access, files third bi-monthly report regarding conditions crossing Lake Oahe.

                    • 4/3/2018

                      In accordance to court order (12/4/17) regarding third party engineering review of easement conditions and regulations. 

                    • 4/2/2018

                      In accordance with court order (5/3/18), U.S. Army of Engineers submits status report regarding progress of remand.

                    • 2/28/2018

                      Dakota Access files its Status Report.

                    • 2/9/2018

                      Defendants’ file reply briefs in support of their motions for summary judgment.

                    • 2/7/2018

                      Plaintiffs file their response to defendant’s second status report.

                    • 2/1/2018

                      Army Corps of Engineers files its second status report.

                    • 1/26/2018

                      Plaintiffs file reply brief in support their motion for partial summary judgment.

                    • 1/10/2018

                      Army Corps of Engineers files a summary judgment motion.

                    • 1/10/2018

                      Dakota Access files a summary judgment motion.

                    • 12/29/2017

                      Dakota Access files its first status report.

                    • 12/4/2017

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

                    • 11/15/2017

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

                    • 11/13/2017

                      Environmental petitioners file motion for partial summary judgment.

                    • 11/1/2017

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

                    • 11/1/2017

                      Intervenor files its motion regarding imposition of remand conditions.

                    • 10/11/2017

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

                    • 10/6/2017

                      Court grants Plaintiff’s Motion to Amend Protective Order.

                    • 6/14/2017

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

                    • 7/27/2016

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

                    more

                    Chamber applauds final approval of the Dakota Access Pipeline.

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

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

                    Case details at Chamber litigation center

                    Land Management / Leasing Alaska National Wildlife Refuge (ANWR)
                    • 6/7/2018

                      Interior Secretary Zinke announces $4 million Fish and Wildlife Service grant to support oil exploration readiness in the ANWR Coastal Plain.

                    • 4/20/2018

                      BLM announces 60-day EIS scoping period for oil and gas leasing in the ANWR Coastal Plain.

                    • 12/22/2017

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

                       

                       

                    • 8/11/2017

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

                    more
                    • Interior

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

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

                      Permitting / NEPA Pipelines
                      • 2/3/2017

                        FERC grants final permit approvals for Atlantic Sunrise Pipeline.

                      • FERC
                      • 6/7/2018

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

                      • 5/24/2018

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

                      • 5/10/2018

                        Respondent, FERC files brief.

                      • 3/9/2018

                        Petitioners file their joint appellate opening brief.

                      • 2/16/2018

                        Court enters order denying motion for stay.

                      • 1/16/2018

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

                      • 11/8/2017

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

                         

                      • 11/8/2017

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

                      • 11/6/2017

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

                      • 10/30/2017

                        Environmental petitioners file an emergency motion to stay pipeline construction.

                      • 3/23/2017

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

                      more
                      Air Regulations Regional Haze
                      • 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
                      • EPA
                      • 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.

                      • 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.

                         

                      • 11/1/2017

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

                      • 7/31/2017

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

                      • 11/23/2016

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

                      more

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

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

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

                      Energy Financial / Royalties General Royalties
                      • 6/6/2018

                        Subcommittees of the Department of Interior Royalty Policy Committee makes a number of recommendations to expand energy production, including offshore wind leasing, offshore energy and mineral production, and solar right-of-way policies.

                      • 2/28/2018

                        Department of Interior Royalty Policy Committee recommends changes to royalty rates for fossil fuel production on federal lands.

                      • Interior
                        Water Regulations / Fracking Power Plant Effluent Limitation Guidelines (ELGs)
                        • 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.

                        • EPA
                        • 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)

                        • 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

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

                        • 4/24/2017

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

                        • 11/20/2015

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

                        more

                        Abeyance granted through approx. August 22.

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

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

                        Permitting / NEPA Oil and Gas
                        • 6/6/2018

                          Bureau of Land Management issues information bulletin 2018-061, intended to make the NEPA process more efficient, including through the use of categorical exclusions in circumstances defined under a provision of the Energy Policy Act of 2005.

                        • Interior
                          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
                          • 6/26/2018

                            Court approves 60-day extension of abeyance; judges Wilkins and Millet indicate they may not approve further extensions, writing: "If EPA or the Petitioners wish to delay further the operation of the Clean Power Plan while the agency engages in rulemaking, then they should avail themselves of whatever authority Congress gave them to do so, rather than availing themselves of the Court's authority under the guise of preserving jurisdiction over moribund petitions."

                             

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

                          • 8/8/2017

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

                          • 4/28/2017

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

                          more
                          Notes/Info/Chamber/Statements

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

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

                          Litigation details at U.S. Chamber Litigation Center.

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

                          Topic
                          Air Regulations
                          Issue/Reg
                          MATS "Supplemental Findings"
                          Order/Action
                          • 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 court remand of original MATS regulation.

                          Most Recent Action
                          Litigation
                          • 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
                            • 5/9/2018

                              OMB-OIRA spring unified regulatory agenda projects finalization of methane NSPS rulemaking in November 2018.

                            • 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)

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

                              (Agency fact sheet)

                            • 6/16/2017

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

                            • 6/5/2017

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

                            more
                            Most Recent Action
                            Litigation
                            • 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)

                            • 8/10/2017

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

                            • 7/31/2017

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

                            • 7/13/2017

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

                            • 7/3/2017

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

                            • 6/5/2017

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

                            more
                            Notes/Info/Chamber/Statements

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

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

                             

                            Topic
                            Air Regulations
                            Issue/Reg
                            NAAQS
                            Order/Action
                            • 6/26/2018

                              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. 

                            • 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
                            • 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.

                               

                            • 1/8/2018

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

                            • 10/10/2017

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

                            • 8/1/2017

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

                            • 7/10/2017

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

                            • 4/11/2017

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

                            • 10/26/2015

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

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

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

                            Most Recent Action
                            Litigation
                            • 4/27/2018

                              EPA files status report stating the agency is continuing its review of the rule.

                            • 1/25/2018

                              EPA files status report stating the agency is continuing its review of the rule.

                            • 10/27/2017

                              EPA files status report stating the agency is continuing its review of the rule.

                            • 10/27/2017

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

                            • 8/10/2017

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

                            • 7/31/2017

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

                            • 6/29/2017

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

                            • 4/28/2017

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

                            • 10/23/2015

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

                            more
                            Notes/Info/Chamber/Statements

                            Litigation details at U.S. Chamber Litigation Center

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

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

                              EPA finalizes withdrawal of regional haze FIP for Texas.

                            Most Recent Action
                            Litigation
                            • 8/31/2017

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

                            Notes/Info/Chamber/Statements
                            Topic
                            Air Regulations
                            Issue/Reg
                            Regional Haze
                            Order/Action
                              Most Recent Action
                              Litigation
                              • 3/12/2018

                                In status report to 10th 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

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

                              Notes/Info/Chamber/Statements
                              Topic
                              Air Regulations
                              Issue/Reg
                              Regional Haze
                              Order/Action
                              • 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
                              • 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.

                              • 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.

                                 

                              • 11/1/2017

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

                              • 7/31/2017

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

                              • 11/23/2016

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

                              more
                              Notes/Info/Chamber/Statements

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

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

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

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

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

                              Most Recent Action
                              Litigation
                                Notes/Info/Chamber/Statements
                                Topic
                                Air Regulations
                                Issue/Reg
                                Startup, Shutdown, Malfunction (SSM)
                                Order/Action
                                  Most Recent Action
                                  Litigation
                                  • 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 in case challenging 2015 EPA rule on SSM requirements while EPA reconsiders the rule. The Court’s order places the SSM legal challenge in abeyance for 90 days, and requires EPA to submit a 90 day status report.

                                  • 6/12/2015

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

                                  more
                                  Notes/Info/Chamber/Statements

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

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

                                    9th Cir. enters order granting Appellants’ voluntary motion to dismiss.

                                  • 3/14/2018

                                    Appellants file voluntary motion to dismiss appeal.

                                  • 12/8/2017

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

                                  • 12/4/2017

                                    BLM files Notice of Appeal to the Ninth Cir.

                                  • 10/4/2017

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

                                  • 7/5/2017

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

                                  more
                                  Notes/Info/Chamber/Statements

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

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

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

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

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

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

                                    (Agency release)

                                  • 10/10/2017

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

                                  • 10/4/2017

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

                                  more
                                  Most Recent Action
                                  Litigation
                                    Notes/Info/Chamber/Statements
                                    Topic
                                    Endangered Species Act
                                    Issue/Reg
                                    Sage Grouse
                                    Order/Action
                                    • 5/4/2018

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

                                    • 1/3/2018

                                      BLM issues Sage Grouse Scoping Report.

                                    • 12/27/2017

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

                                    • 8/7/2017

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

                                    • 6/7/2017

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

                                    • 10/11/2017

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

                                      (News Summary)

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

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

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

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

                                        Most Recent Action
                                        Litigation
                                          Notes/Info/Chamber/Statements
                                          Topic
                                          Energy Financial / Royalties
                                          Issue/Reg
                                          Office of Natural Resources Revenue (ONRR) Royalty Valuation Rule
                                          Order/Action
                                          • 8/7/2017

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

                                             

                                            (Comment docket)

                                          • 4/4/2017

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

                                          • 2/22/2017

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

                                            (News Summary)

                                          more
                                          Most Recent Action
                                          Litigation
                                          • 10/25/2017

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

                                          • 10/23/2017

                                            Defendants file opposition to Plaintiffs’ motion.

                                          • 10/18/2017

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

                                          • 8/30/2017

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

                                          • 2/22/2017

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

                                          more
                                          Notes/Info/Chamber/Statements

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

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

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

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

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

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

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

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

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

                                              Most Recent Action
                                              Litigation
                                                Notes/Info/Chamber/Statements
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