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, with yellow highlights denoting items that are new since the last edition of the tracker.

The Tracker will be updated regularly. This edition is updated through October 20, 2017. Notable developments in recent weeks include:

  • 10/16/17: EPA announces proposal to repeal Clean Power Plan and plans for Advance Notice of Proposed Rulemaking to solicit comment on whether further regulatory action is warranted.
  • 10/16/17: EPA Administrator Pruitt issues directive promoting transparency and public participation in consent decrees.
  • 10/13/17: FERC approves Atlantic Coast Pipeline and Mountain Valley Pipeline.
  • 10/10/17: 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.
  • 10/5/17: U.S. District Court for Northern California invalidates Department of Interior’s administrative stay of BLM methane waste prevention rule.
  • 9/15/17:FERC overrules NY Department of Environmental Conservation’s denial of water permit, citing failure to meet one-year decision deadline.

In addition to the comprehensive tracking database below, cumulative data quantifying the status and progress of Trump Administration energy actions is tabulated in this simplified quick reference list. As of this edition of the Tracker, energy-related actions taken by President Trump include 8 executive orders, 4 presidential memoranda, and 3 public laws. Further, by our best estimate, there are currently 16 energy-related regulatory/policy reforms initiated or under review, 5 reforms formally proposed, and 12 reform actions that have been finalized or completed. (These figures do not include project-specific actions such as leases or permit approvals.)

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

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

 

Energy Tracker

Indicates Public Law
Topic Issue/Reg Order/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
Vehicles / Fuels Heavy duty truck mileage standards
  • 8/17/2017

    EPA announces intent to initiate a rulemaking to modify Phase 2 trailer and glider provisions.

  • 11/9/2017

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

    (News Summary)

  • EPA
  • 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.

  • 6/8/2017

    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
    • FERC
      Air Regulations Methane NSPS
      • 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.

      • 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)

      more
      • EPA
      • 8/10/2017

        D.C. Circuit en banc grants abeyance pending further order. EPA to file status reports at 90-day intervals beginning 10/27/17.

      • 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

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

      Air Regulations Clean Power Plan (Existing Source Performance Standards)
      • 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. 

      • 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.

      • 10/23/2015

        Final Clean Power Plan published in Federal Register.

      • 11/8/2017

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

      more
      • Potus
      • EPA
      • 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 Regional Haze
      • 9/11/2017

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

      • 7/13/2017

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

      • EPA
      • 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.

      • 11/1/2017

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

      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

      Land Management / Leasing Alaska Petroleum Reserve (NPR-A)
      • 5/31/2017

        Secretary Zinke signs Secretarial Order 3352 calling for a plan to develop energy resources in the NPR-A, and update resource assessments for areas of the North Slope, including the “1002 area” of the Arctic National Wildlife Refuge (ANWR).

        (Interior Press Release)

      • 10/31/2017

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

        (Interior press release)

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

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

        • Interior
          General / Energy Development Energy Independence
          • 3/28/2017

            Section 2 of Executive Order 13783 directs review of all agency actions that potentially burden safe development of energy.

          • 10/25/2017

            EPA issues final report in response to EO 13783, detailing EPA actions that potentially burden domestic energy.

          • 10/24/2017

            Department of Energy issues final report in response to EO 13783, detailing DOE actions that potentially burden domestic energy.

          • 10/24/2017

            Department of Interior issues final report in response to EO 13783, detailing DOI actions that potentially burden domestic energy. 

          more
          • Potus
          • OMB
          • Interior
          • EPA
          • Energy

            Draft final agency recommendations due to OMB in 120 days (7/26/17)

            Final report due in 180 days (9/24/17).

            Permitting / NEPA National Environmental Policy Act (NEPA)
            • 3/28/2017

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

            • 10/24/2017

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

            • Potus
            • CEQ
            • Interior

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

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

              Land Management / Leasing Oil and Gas Leasing
              • 10/24/2017

                Secretary Zinke announces auction for over 76 million acres of offshore oil and gas leases in the Gulf of Mexico for March 2018 (lease sale 250).

              • Interior

                According to Interior, this is the largest oil and gas lease sale in U.S. history, offering an area about the size of New Mexico. 

                Other Sue and Settle
                • 10/16/2017

                  Administrator Pruitt issues directive promoting transparency and public participation in consent decrees.

                • EPA
                  Other Sue and Settle
                  • 10/16/2017

                    Administrator Pruitt issues directive promoting transparency and public participation in consent decrees.

                  • EPA
                    Permitting / NEPA Pipelines
                    • FERC
                      Permitting / NEPA Pipelines
                      • 10/13/2017

                        FERC grants final approval to Mountain Valley Pipeline.

                        (News Summary)

                      • FERC
                        Permitting / NEPA Pipelines
                        • 7/21/2017

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

                        • 10/13/2017

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

                          (News Summary)

                        • FERC

                          Chamber infographic: Benefits of the Atlantic Coast Pipeline

                          Endangered Species Act Sage Grouse
                          • 8/7/2017

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

                          • 6/7/2017

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

                          • 10/11/2017

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

                            (News Summary)

                          more
                          • Interior
                            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.

                            • 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

                            Air Regulations Ozone NAAQS
                            • 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.

                            • EPA
                            • 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.)

                            Electricity Grid Management
                            • 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.

                            • Energy
                            • FERC

                              FERC Docket No. RM18-1-000

                              Regulatory Reform Regulatory Reform
                              • 10/6/2017

                                Secretary of Commerce Ross releases report, Streamlining Permitting and Regulatory Burdens for American Manufacturers, which identifies 20 sets of regulations and permitting issues for reform.  

                              • 1/24/2017

                                Presidential Memorandum directing the Secretary of Commerce to identify federal regulations that negatively impact U.S. manufacturers.

                              • Potus
                              • Commerce

                                Chamber comments on Impact of Federal Regulations on Domestic Manufacturing. 

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

                                • 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.

                                • 10/23/2015

                                  Final Clean Power Plan published in Federal Register.

                                • 11/8/2017

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

                                more
                                Most Recent Action
                                Litigation
                                • 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
                                  Most Recent Action
                                  Litigation
                                  • 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
                                    • 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.

                                    • 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)

                                    more
                                    Most Recent Action
                                    Litigation
                                    • 8/10/2017

                                      D.C. Circuit en banc grants abeyance pending further order. EPA to file status reports at 90-day intervals beginning 10/27/17.

                                    • 7/31/2017

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

                                    • 7/13/2017

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

                                    • 7/3/2017

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

                                    • 6/5/2017

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

                                    more
                                    Notes/Info/Chamber/Statements

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

                                    Topic
                                    Air Regulations
                                    Issue/Reg
                                    Ozone NAAQS
                                    Order/Action
                                    • 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.

                                    Most Recent Action
                                    Litigation
                                    • 10/10/2017

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

                                    • 8/1/2017

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

                                    • 7/10/2017

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

                                    • 4/11/2017

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

                                    • 10/26/2015

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

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

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

                                    Most Recent Action
                                    Litigation
                                    • 8/10/2017

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

                                    • 7/31/2017

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

                                    • 6/29/2017

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

                                    • 4/28/2017

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

                                    • 10/23/2015

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

                                    more
                                    Notes/Info/Chamber/Statements

                                    Litigation details at U.S. Chamber Litigation Center

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

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

                                      EPA finalizes withdrawal of regional haze FIP for Texas.

                                    Most Recent Action
                                    Litigation
                                    • 8/31/2017

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

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

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

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

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

                                      • 7/13/2017

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

                                      Most Recent Action
                                      Litigation
                                      • 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.

                                      • 11/1/2017

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

                                      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
                                          • 7/24/2017

                                            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
                                          • 10/5/2017

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

                                          • 6/15/2017

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

                                          • 3/28/2017

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

                                          more
                                          Most Recent Action
                                          Litigation
                                          • 10/4/2017

                                            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.

                                          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.)

                                          Topic
                                          Electricity
                                          Issue/Reg
                                          Grid Management
                                          Order/Action
                                          • 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.

                                          Most Recent Action
                                          Litigation
                                            Notes/Info/Chamber/Statements
                                            Topic
                                            Endangered Species Act
                                            Issue/Reg
                                            Sage Grouse
                                            Order/Action
                                            • 8/7/2017

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

                                            • 6/7/2017

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

                                            • 10/11/2017

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

                                              (News Summary)

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

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

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

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

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

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

                                                  • 2/22/2017

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

                                                    (News Summary)

                                                  Most Recent Action
                                                  Litigation
                                                  • 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. 

                                                  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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