Global Energy Institute - Beveridge & Diamond Energy Tracker

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

The Tracker interface below provides a comprehensive, filterable and sortable list of more than 130 energy-related federal actions tracked by date, agency, high-level topic area, and specific issue. The default view displays entries in reverse chronological order of the most recent substantive action by the relevant agency or court.

Immediately above the Tracker is a list of open comment periods and recent developments. To comment on these or future proposals, please go to the federal rulemaking portal at http://www.regulations.gov and follow the instructions for submitting comments. If you need assistance with submission of comments, you may contact the authors.  

Currently Open and Recently Completed Comment Periods
Department Proposal Comment Period
CEQ NEPA GHG Guidance (FR Notice) 6/26/19 - 8/26/19 (Comment docket)
DOE Dishwasher efficiency standards (FR Notice) 7/16/19 - 9/16/19 (Comment docket)
EPA Section 112 "Once-in, Always-in" (FR Notice) 7/26/19 - 9/24/19 (Comment docket)
EPA Coal Combustion Residuals (FR Notice) 8/14/19 - 10/5/19 (Comment docket)
EPA NSR Project Emissions Accounting (FR Notice) 8/9/19 - 10/8/19 (Comment docket)
EPA CWA Section 401 (FR Notice) 8/22/19 - 10/21/19 (Comment docket)

The Tracker is updated regularly. This edition is updated through September 18, 2019.

  • Notable Developments Over the Last Month

  • 9/12/19: EPA and Army Corps finalize rule repealing WOTUS. (EPA press release)

  • 9/12/19: BLM releases final EIS on ANWR Coastal Plain leasing proposal.

  • 9/10/19: This Circuit Court rules against PennEast Pipeline, finding that the Natural Gas Act does not abrogate State sovereign immunity as a corollary of its grant of eminent domain, effectively blocking PennEast from building on land owned by the state of New Jersey.

  • 9/5/19: DOE finalizes reforms to energy efficiency standards for general service lamps. 

  • 8/28/19: Fifth Circuit upholds EPA's delay of compliance deadlines for parts of Effluent Limitations Guidelines rule.

  • 8/27/19: Department of Interior finalizes Endangered Species Act reforms pertaining to (1) listing and critical habitat, (2) protective regulations, and (3) interagency cooperation.(Agency press release

  • 8/23/19: D.C. Circuit Court issues opinion denying petitions for review of 2015 ozone standard, except with respect to the secondary ozone standard, which it remanded for reconsideration. 

  • 8/20/19: EPA releases guidance to states regarding second period of regional haze implementation. 

  • 8/9/19: EPA proposes rule reforming New Source Review project emissions accounting requirements. (Comment docket

  • 8/9/19: EPA proposes rule reforming Clean Water Act Section 401 certification procedures. (Agency press release)(Comment docket

  • 8/8/19: Montana district court schedules 10/3/19 hearing to review environmental groups' challenge to Keystone XL pipeline construction permit. 

  • 8/2/19: Coalition of 13 states led by California file suit in second circuit challenging NHTSA rulemaking reducing financial penalties related to fuel economy standards. 

  • 8/2/19: D.C. Circuit Court issues opinion denying challenge to Atlantic Sunrise pipeline permits, finding that the challenges to the Commission's order permitting the pipeline expansion cannot surmount the deferential standards of agency review.

  • 7/26/19: Fourth Circuit Court vacates Fish and Wildlife Endangered Species Act evaluation and permit for the Atlantic Coast Pipeline.  

  • See Full List 

In addition to the comprehensive tracking database below, cumulative data quantifying the status and progress of Trump Administration energy actions is tabulated in this simplified quick reference list. As of this edition of the Tracker, energy-related actions taken by President Trump include 12 executive orders, 6 presidential memoranda, and provisions in 7 public laws. Further, by our best estimate, there are currently 13 energy-related regulatory/policy reforms initiated or under review, 11 reforms formally proposed, and 48 reform actions that have been finalized or completed. (These figures do not include project-specific actions such as leases or permit approvals.) 

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

 

Indicates Public Law
Topic Issue/Reg Orders/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
Air Regulations Clean Power Plan (Existing Source Performance Standards)
  • 7/8/2019

    EPA finalizes Affordable Clean Energy (ACE) rule, as well as the repeal of the Clean Power Plan.

  • 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.

  • 10/16/2017

    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.

  • 10/23/2015

    Final Clean Power Plan published in Federal Register.

more
EPA, Potus
  • 9/17/2019

    D.C. Circuit dismisses petition for review in light of finalized Affordable Clean Energy rule that replaced CPP. Litigation complete.

  • 8/2/2019

    EPA files its 30-day report requesting the court to continue holding the petitions for review in abeyance pending resolution of the motion to dismiss. (No. 15-1363)

  • 8/1/2019

    Petitioners file their reply in support of motion to dismiss. (No. 15-1363)

  • 10/10/2017

    EPA submits status report, stating that the Administrator signed a proposed rule to repeal the Clean power Plan. EPA requests the court to continue to hold case in abeyance.

  • 9/7/2017

    EPA submits status report scheduling publication of the proposed rule for Fall 2017 inviting public comment. EPA requests the court to continue to hold the case in abeyance.

  • 8/8/2017

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

  • 4/28/2017

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

  • 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.

  • 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.

  • 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.

  • 3/1/2018

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

  • 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.

  • 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

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

  • 5/9/2018

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

  • 6/26/2018

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

  • 9/4/2018

    Enviro group intervenors file opposition to continued abeyance.

  • 7/24/2018

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

  • 11/21/2018

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

  • 1/24/2019

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

  • 12/21/2018

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

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

  • 2/8/2019

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

  • 3/11/2019

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

  • 3/14/2019

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

  • 3/24/2019

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

  • 5/6/2019

    EPA submits its 30-day scheduled status report stating that it expects to be in a position to take final action in June 2019. (No. 15-1363

  • 4/5/2019

    Court orders the consolidated cases to remain in abeyance for 60 days; EPA to continue filing 30-day status reports. (No. 14-1363)

  • 7/3/2019

    EPA submits its 30-day scheduled status report stating EPA Administrator A. Wheeler has signed a final rule known as the Affordable Clean Energy Rule. (No. 15-1363)

  • 6/4/2019

    Case argued and submitted. (No. 18-36082).

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.)

Water Regulations / Fracking Waters of the U.S. (WOTUS)
  • 9/12/2019

    EPA and Army Corps finalize rule repealing WOTUS. (EPA press release)

  • 5/23/2019

    OMB-OIRA regulatory agenda projects finalization of rules repealing and replacing WOTUS in August 2019 and December 2019, respectively.

  • 2/14/2019

    EPA and Army Corps WOTUS proposal formally published in Federal Register.

  • 12/11/2018

    EPA proposes revised definition of WOTUS.

    (Press release and fact sheets)

    (Comment docket awaiting FR publication)

  • 10/19/2018

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

  • 7/12/2018

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

  • 6/15/2018

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

    (Agency press release)

  • 6/11/2018

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

  • 5/9/2018

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

  • 4/11/2018

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

    (EO 12866 meetings)

  • 3/30/2018

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

  • 2/6/2018

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

    (Agency press release)

  • 11/22/2017

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

     

  • 6/28/2017

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

    (Federal Register)

  • 2/28/2017

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

more
EPA, Potus
  • 6/30/2017

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

  • 4/3/2017

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

  • 1/25/2017

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

  • 1/13/2017

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

  • 7/13/2015

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

  • 11/22/2017

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

  • 1/22/2018

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

  • 3/23/2018

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

  • 2/28/2018

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

  • 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).

  • 7/3/2018

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

  • 8/31/2018

    State of Georgia files its motion for summary judgment.

  • 8/31/2018

    Intervenor American Farm Bureau files motion for summary judgment.

  • 8/31/2018

    Federal defendants file their answer to state plaintiffs.

  • 8/16/2018

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

  • 10/10/2018

    Federal Defendants file their opposition to American Farm Bureau’s motion for summary judgment; Environmental groups file opposition to summary judgment and cross-motion for summary judgment.

  • 11/26/2018

    Oregon district court judge vacates delay of WOTUS regulation, following similar 8/16/18 decision in South Carolina. 

  • 11/7/2018

    American Farm Bureau files its reply to Federal Defendants’ opposition to motion for summary judgment. 

  • 11/24/2018

    Intervenor environmental groups file their reply in support of cross motion for summary judgment.

  • 5/29/2019

    Texas District Court remands 2015 WOTUS rule, granting a motion for summary judgment that the Final Rule violated the notice-and-comment requirements of the Administrative Procedure Act violations (News summary) (No. 3:15-CV-00162)

  • 6/12/2019

    Oklahoma, the U.S. Chamber of Commerce, and other business groups asked 10th Circuit to review district court decision denying motion for preliminary injunction.

  • 5/29/2019

    Northern District of Oklahoma denies motion for preliminary injunction, finding lack of irreparable harm, leaving rule in place while it considers the merits.

more

4/15/19: U.S. Chamber comments on proposed revised WOTUS definition.

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

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

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

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

Coalition letter supporting executive order on WOTUS rule.

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

Litigation details at Chamber Litigation Center

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

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

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

Land Management / Leasing Alaska National Wildlife Refuge (ANWR)
  • 9/12/2019

    BLM releases final EIS on ANWR Coastal Plain leasing proposal.

  • 1/31/2019

    BLM extends comment deadline for ANWR Coastal Plain leasing proposal until 3/13/19.

  • 1/9/2019

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

  • 12/19/2018

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

  • 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
    • 1/20/2018

      FERC approves Penn East pipeline.

    • 9/10/2019
    FERC
    • 9/10/2019

      Third Circuit Court rules that the Natural Gas Act does not abrogate State sovereign immunity as a corollary of its grant of eminent domain power to private gas companies, effectively blocking PennEast Pipeline from building on land owned by the state of New Jersey.

    • 3/19/2019

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

    Renewables/Energy Efficiency Light Bulbs
    • 9/5/2019

      DOE finalizes reforms to energy efficiency standards for general service lamps

    • 7/3/2019

      DOE sends final rule modifying energy efficiency standards for general service light bulbs to OMB for review.

    • 2/11/2019

      DOE’s Office of Energy Efficiency and Renewable Energy (EERE) proposes modifications to efficiency standards for general service lamps.

    more
    Energy
      Air Regulations Power Plant CO2 New Source Performance Standards (NSPS)
      • 5/23/2019

        OMB-OIRA projects finalization of EPA GHG new source performance standards for power plants in September 2019.

      • 1/31/2019

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

      • 12/6/2018

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

        (Agency fact sheet)

        (Comment docket)

      • 9/10/2018

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

      • 5/9/2018

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

      • 3/28/2017

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

      more
      EPA, Potus
      • 8/29/2019

        EPA submits 90-day status report stating that it is reviewing comments submitted on the proposed rule.

      • 8/10/2017

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

      • 7/31/2017

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

      • 6/29/2017

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

      • 4/28/2017

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

      • 10/23/2015

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

      • 10/27/2017

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

      • 1/25/2018

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

      • 10/27/2017

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

      • 4/27/2018

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

      • 10/23/2018

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

      • 7/24/2018

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

      • 1/31/2019

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

      more

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

      Litigation details at U.S. Chamber Litigation Center

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

      Water Regulations / Fracking Power Plant Effluent Limitation Guidelines (ELGs)
      • 5/23/2019

        OMB-OIRA regulatory agenda projects release of EPA proposal revising Effluent Limitation Guidelines rule in May 2019, with finalization in March 2020

      • 10/19/2018

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

      • 5/9/2018

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

      • 6/6/2017

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

      more
      EPA
      • 8/28/2019

        Fifth Circuit upholds EPA's delay of compliance deadlines for parts of Effluent Limitations Guidelines rule.

      • 9/27/2017

        Court enters briefing schedule for issues not held in abeyance; Respondent’s brief due on Dec. 15, 2017.

      • 8/22/2017

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

      • 4/24/2017

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

      • 11/20/2015

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

      • 11/20/2017

        EPA files its 90-day status report.

      • 12/15/2017

        Environmental groups (respondents) file their brief.

      • 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).

      • 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)

      • 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). 

      • 2/22/2018

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

      • 2/20/2018

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

      • 7/9/2018

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

      • 7/6/2018

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

      • 7/26/2018

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

      • 10/29/2018

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

      • 10/3/2018

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

      • 12/20/2018

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

      • 3/21/2019

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

      • 4/12/2019

        Fifth Circuit issues opinion ruling EPA’s 2015 Effluent Limitation Guidelines regulations outdated and unlawful.

      more

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


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

      Endangered Species Act General
      more
      Commerce, Interior

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

        7/25/18: Beveridge and Diamond Alert: Major Changes to Endangered Species Act Regulation Proposed

        Air Regulations NAAQS
        • 12/6/2018

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

          (Agency fact sheet)

        • 7/25/2018

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

        • 6/26/2018

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

          (Comment docket)

        • 6/19/2018

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

        • 6/4/2018

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

        • 3/9/2018

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

          (Agency fact sheet)

        • 1/5/2018

          EPA announces its intention to complete attainment designations for the 2015 ozone standard by 4/30/18.

        • 11/16/2017

          EPA issues attainment designations for 2,646 counties under the 2015 ozone standard; indicates remaining designations (15% of U.S. counties) will be issued at a later date.

          (News Summary)

        • 8/2/2017

          EPA withdraws prior decision to extending attainment designation deadlines.

        • 6/7/2017

          EPA postpones 2015 ozone standard attainment designations for one year, citing insufficient information to make compliance decision.

        more
        EPA
        • 8/23/2019

          D.C. Circuit Court issues opinion denying petitions for review of 2015 ozone standard, except with respect to the secondary ozone standard, which it remanded for reconsideration.

        • 10/10/2017

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

        • 8/1/2017

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

        • 7/10/2017

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

        • 4/11/2017

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

        • 10/26/2015

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

        • 1/8/2018

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

        • 1/31/2018

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

           

        • 1/26/2018

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

        • 1/19/2018

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

           

        • 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).

           

        • 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).

        • 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.”

        • 5/15/2018

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

        • 5/18/2018

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

        • 6/5/2018

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

        • 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).

        • 6/7/2018

          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).

        • 6/8/2018

          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).

        • 1/19/2018

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

        • 1/12/2018

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

        • 12/4/2017

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

        • 7/10/2017

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

        • 4/11/2017

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

        • 10/26/2015

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

        • 7/3/2018

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

        • 6/20/2018

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

        • 6/15/2018

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

        • 8/1/2018

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

        • 8/1/2018

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

           

        • 9/27/2018

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

        • 2/4/2019

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

        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.)

        Air Regulations Regional Haze
        • 8/20/2019

          EPA releases guidance to states regarding second period of regional haze implementation.

        • 5/23/2019

          OMB-OIRA regulatory agenda projects proposal to modify 2017 regional haze rule in January 2020.

        • 9/10/2018

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

        more
        EPA
          Air Regulations CAA Section 112
          • 6/25/2019

            EPA releases proposed rule reforming “once-in, always-in” policy, allowing major sources of hazardous air pollutants (HAP) to reclassify as area sources when they permanently reduce hazardous air emissions.

          • 5/23/2019

            OMB-OIRA regulatory agenda projects proposed EPA rule reclassifying when a major source can become an area source under CAA Section 112 in June 2019.

          • 10/19/2018

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

          • 1/25/2018

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

            (Press release)

          more
          EPA
          • 8/12/2019

            Court issues an opinion dismissing petition for lack of subject matter jurisdiction.

          • 3/26/2018

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

          • 1/14/2019

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

          • 12/21/2018

            Respondent EPA files its response to petitioners’ opening brief.

          • 2/19/2019

            Oral argument scheduled for April 1, 2019.

          • 4/1/2019

            Oral argument held.

          more
          Water Regulations / Fracking CWA Section 401
          • 8/9/2019

            EPA proposes rule reforming Clean Water Act Section 401 certification procedures. (Agency press release)(Comment docket)

          • 7/12/2019

            EPA sends proposed rule clarifying state certification procedures under CWA Section 401 to OMB for review.

          • 6/7/2019

            EPA issues guidance to clarify and streamline permitting processes under Section 401 of the Clean Water Act

          • 5/23/2019

            OMB-OIRA regulatory agenda projects EPA proposed EPA rule clarifying state certification procedures under CWA Section 401 in August 2019.

          more
          Army Corps, EPA

            6/7/19: GEI statement on EPA CWA Section 401 guidance.

            5/23/19: U.S. Chamber pre-proposal recommendations on Section 401 regulatory process.

            Air Regulations New Source Review
            • 8/9/2019

              EPA proposes rule reforming New Source Review project emissions accounting requirements. (Comment docket)

            • 3/21/2019

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

            • 10/19/2018

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

            • 7/6/2018

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

            • 5/9/2018

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

            • 4/30/2018

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

            • 3/13/2018

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

            • 12/7/2017

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

            more
            EPA

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

              Permitting / NEPA Pipelines
              • 3/29/2019

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

              • 12/3/2018

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

              • 9/24/2018

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

              • 7/30/2018

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

                (Comment docket)

              • 7/15/2018

                Court issues partial order on summary judgment regarding NEPA compliance.

              • 4/4/2017

                Department of State issues Presidential Permit to Keystone XL pipeline.

              • 1/24/2017

                Presidential Memorandum directing relevant federal agencies to promptly complete review of the proposed Keystone XL pipeline.

              more
              Army Corps, Potus
              • 8/8/2019

                Montana district court schedules 10/3/19 hearing to review environmental groups' challenge to Keystone XL pipeline construction permit.

              • 10/4/2017

                Parties file statement of stipulated facts; Plaintiffs file a Preliminary Pretrial Statement

              • 3/30/2017

                Environmental petitioners file for review of final agency approval of construction of the Keystone XL pipeline.

              • 11/8/2017

                Federal defendants file brief in support of their motion to limit judicial review of all claims to the administrative records.

              • 12/6/2017

                Federal Defendants file  reply brief supporting their motion to limit judicial review to the administrative record.

              • 11/22/2017

                Court enters order denying the Federal Defendants’ motion to dismiss.

              • 11/22/2017

                Environmental Plaintiffs file their respective responses to Federal Defendants’ motion.

              • 2/9/2018

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

              • 1/22/2018

                Defendants file their opposition to plaintiffs’ motion to compel.

              • 1/8/2018

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

              • 4/27/2018

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

              • 3/30/2018

                Defendants file summary judgment cross-motion.

              • 3/30/2018

                Intervenor TransCanada files motion for summary judgment.

              • 5/11/2018

                Defendants file a reply supporting motion for summary judgment.

              • 8/15/2018

                Court issues partial order on summary judgment regarding NEPA compliance.

              • 12/7/2018

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

              • 1/14/2019

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

                (News summary)

              • 12/21/2018

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

              • 2/15/2019

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

              • 4/8/2019

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

              • 3/19/2019

                Intervenor TransCanada files notice of appeal with the Ninth Circuit. 

              • 6/7/2019

                9th Circuit Court of Appeals vacates a injunction issued by Montana district court blocking construction of Keystone XL pipeline in light of recently issued presidential permit. 

              more

              8/23/19: U.S. Chamber statement on Nebraska Supreme Court ruling on Keystone XL.

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

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

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

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

              Air Regulations Startup, Shutdown, Malfunction (SSM)
                EPA
                • 8/7/2019

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

                • 7/24/2017

                  EPA files first abeyance reporting indicating that it continues to review the SSM rule.

                • 4/24/2017

                  D.C. Circuit grants DOJ/EPA request to delay scheduled oral arguments regarding challenges to 2015 EPA SSM rule, giving the agency  time to reconsider the rule. The Court’s order places the SSM legal challenge in abeyance for 90 days, and requires EPA to submit a 90-day status report.

                • 6/12/2015

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

                • 10/23/2017

                  EPA files its second 90-day status report.

                • 1/19/2018

                  EPA files its third 90-day status report.

                • 4/19/2018

                  EPA files its fourth 90-day status report.

                • 7/18/2018

                  EPA files its fifth 90-day status report.

                • 10/16/2018

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

                • 2/8/2019

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

                • 7/1/2019

                  Petitioner Utility Air Regulatory Group files motion for voluntary dismissal of its petition for review. 

                more

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

                Permitting / NEPA Pipelines
                • 10/4/2018

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

                • 2/3/2017

                  FERC grants final permit approvals for Atlantic Sunrise Pipeline.

                FERC
                • 8/2/2019

                  D.C. Circuit Court issues opinion denying challenge to Atlantic Sunrise permits, finding that the challenges to the Commission’s order permitting the pipeline expansion cannot surmount the deferential standards of agency review.

                • 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.  

                • 11/8/2017

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

                   

                • 1/16/2018

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

                • 3/9/2018

                  Petitioners file their joint appellate opening brief.

                • 2/16/2018

                  Court enters order denying motion for stay.

                • 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.

                • 7/2/2018

                  Petitioners file their joint reply brief.

                • 7/2/2018

                  Petitioners file their joint opening brief.

                • 6/29/2018

                  Respondent FERC files its brief.

                • 6/27/2018

                  Intervenors file their joint brief.

                • 10/17/2018

                  Oral argument scheduled for Dec. 7, 2018.

                • 12/7/2018

                  Oral argument held before Judges Garland, Tatel and Millet.

                more
                Vehicles / Fuels CAFE Standards
                • 7/12/2019

                  NHTSA finalizes rulemaking to reduce financial penalty rates for automakers that fall short of CAFE requirements.

                   

                   

                   

                   

                • 5/23/2019

                  OMB-OIRA regulatory agenda projects EPA finalization of Safer Fuel-Efficient Vehicles (SAFE) rule in June 2019.

                • 10/19/2018

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

                • 10/1/2018

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

                • 8/2/2018

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

                • 5/31/2018

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

                • 4/3/2018

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

                • 3/27/2018

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

                  (Press release)

                • 8/21/2017

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

                  (Comment docket)

                • 7/26/2017

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

                • 7/7/2017

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

                • 3/15/2017

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

                • 8/2/2019
                more
                DOT, EPA
                • 8/2/2019

                  Coalition of 13 states led by California file suit in second circuit challenging NHTSA rulemaking reducing financial penalties related to fuel economy standards.

                Permitting / NEPA Pipelines
                • 9/17/2018

                  FERC lifts stop-work order on Atlantic Coast Pipeline construction after National Park Service issued a new right of way permit for crossing the Blue Ridge Parkway.

                • 8/10/2018

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

                • 10/13/2017

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

                  (News Summary)

                • 7/21/2017

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

                more
                FERC
                • 7/26/2019

                  Fourth Circuit vacates Fish and Wildlife Service Endangered Species Act evaluation and permit for the Atlantic Coast Pipeline.

                • 7/11/2018

                  Federal respondents file their opposition to petitioners’ brief.

                • 4/24/2018

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

                • 12/13/2018

                  Fourth Circuit overturns Forest Service permit allowing the Atlantic Coast Pipeline to cross beneath the Appalachian Trail. (News summary)

                • 12/7/2018

                  Fourth Circuit issues stay of ACP permit from the U.S Fish & Wildlife Service in response to environmental petitioners suit related to endangered species. (News summary)

                • 1/23/2019

                  Fourth Circuit grants request by Army Corps for voluntary remand Atlantic Coast Pipeline permit from National Park Service. (News summary)

                • 1/14/2019

                  Fourth Circuit denies request to scale back stay of Atlantic Coast Pipeline permit. (News summary)

                • 12/28/2018

                  Fourth Circuit declines request to expedite oral argument pertaining to stay of Fish and Wildlife Service ACP permit.

                  (News summary)

                more

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

                Chamber infographic: Benefits of the Atlantic Coast Pipeline

                Energy Efficiency Appliance Standards
                • 7/16/2019

                  7/16/19: DOE approves petition requesting establishment of a new class of short cycle dishwashers, and requests comment on related proposal. (Comment docket)

                Energy
                  Air Regulations Affordable Clean Energy Rule
                  • 7/8/2019

                    EPA finalizes Affordable Clean Energy (ACE) rule, as well as the repeal of the Clean Power Plan.

                  • 5/23/2019

                    OMB-OIRA regulatory agenda projects finalization of EPA Affordable Clean Energy rule in June 2019.

                  • 10/19/2018

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

                  • 7/31/2018

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

                    (Agency press release)

                    (Comment docket)

                  • 7/9/2018

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

                  • 5/9/2018

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

                  • 12/18/2017

                    EPA publishes advance notice of proposed rulemaking seeking comment on “State Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units”-- a framework to replace the Clean Power Plan.

                    (Agency fact sheet)

                    (Comment docket)

                  more
                  EPA

                    10/31/18: Coalition comments on proposed Affordable Clean Energy rule.

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

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

                    Topic
                    Air Regulations
                    Issue/Reg
                    Clean Power Plan (Existing Source Performance Standards)
                    Orders/Action
                    • 7/8/2019

                      EPA finalizes Affordable Clean Energy (ACE) rule, as well as the repeal of the Clean Power Plan.

                    • 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.

                    • 10/16/2017

                      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.

                    • 10/23/2015

                      Final Clean Power Plan published in Federal Register.

                    more
                    Most Recent Action
                    Agency
                    EPA, Potus
                    Litigation (if any)
                    • 9/17/2019

                      D.C. Circuit dismisses petition for review in light of finalized Affordable Clean Energy rule that replaced CPP. Litigation complete.

                    • 8/2/2019

                      EPA files its 30-day report requesting the court to continue holding the petitions for review in abeyance pending resolution of the motion to dismiss. (No. 15-1363)

                    • 8/1/2019

                      Petitioners file their reply in support of motion to dismiss. (No. 15-1363)

                    • 10/10/2017

                      EPA submits status report, stating that the Administrator signed a proposed rule to repeal the Clean power Plan. EPA requests the court to continue to hold case in abeyance.

                    • 9/7/2017

                      EPA submits status report scheduling publication of the proposed rule for Fall 2017 inviting public comment. EPA requests the court to continue to hold the case in abeyance.

                    • 8/8/2017

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

                    • 4/28/2017

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

                    • 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.

                    • 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.

                    • 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.

                    • 3/1/2018

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

                    • 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.

                    • 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

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

                    • 5/9/2018

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

                    • 6/26/2018

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

                    • 9/4/2018

                      Enviro group intervenors file opposition to continued abeyance.

                    • 7/24/2018

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

                    • 11/21/2018

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

                    • 1/24/2019

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

                    • 12/21/2018

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

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

                    • 2/8/2019

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

                    • 3/11/2019

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

                    • 3/14/2019

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

                    • 3/24/2019

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

                    • 5/6/2019

                      EPA submits its 30-day scheduled status report stating that it expects to be in a position to take final action in June 2019. (No. 15-1363

                    • 4/5/2019

                      Court orders the consolidated cases to remain in abeyance for 60 days; EPA to continue filing 30-day status reports. (No. 14-1363)

                    • 7/3/2019

                      EPA submits its 30-day scheduled status report stating EPA Administrator A. Wheeler has signed a final rule known as the Affordable Clean Energy Rule. (No. 15-1363)

                    • 6/4/2019

                      Case argued and submitted. (No. 18-36082).

                    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
                    Water Regulations / Fracking
                    Issue/Reg
                    Waters of the U.S. (WOTUS)
                    Orders/Action
                    • 9/12/2019

                      EPA and Army Corps finalize rule repealing WOTUS. (EPA press release)

                    • 5/23/2019

                      OMB-OIRA regulatory agenda projects finalization of rules repealing and replacing WOTUS in August 2019 and December 2019, respectively.

                    • 2/14/2019

                      EPA and Army Corps WOTUS proposal formally published in Federal Register.

                    • 12/11/2018

                      EPA proposes revised definition of WOTUS.

                      (Press release and fact sheets)

                      (Comment docket awaiting FR publication)

                    • 10/19/2018

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

                    • 7/12/2018

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

                    • 6/15/2018

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

                      (Agency press release)

                    • 6/11/2018

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

                    • 5/9/2018

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

                    • 4/11/2018

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

                      (EO 12866 meetings)

                    • 3/30/2018

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

                    • 2/6/2018

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

                      (Agency press release)

                    • 11/22/2017

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

                       

                    • 6/28/2017

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

                      (Federal Register)

                    • 2/28/2017

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

                    more
                    Most Recent Action
                    Agency
                    EPA, Potus
                    Litigation (if any)
                    • 6/30/2017

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

                    • 4/3/2017

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

                    • 1/25/2017

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

                    • 1/13/2017

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

                    • 7/13/2015

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

                    • 11/22/2017

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

                    • 1/22/2018

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

                    • 3/23/2018

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

                    • 2/28/2018

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

                    • 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).

                    • 7/3/2018

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

                    • 8/31/2018

                      State of Georgia files its motion for summary judgment.

                    • 8/31/2018

                      Intervenor American Farm Bureau files motion for summary judgment.

                    • 8/31/2018

                      Federal defendants file their answer to state plaintiffs.

                    • 8/16/2018

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

                    • 10/10/2018

                      Federal Defendants file their opposition to American Farm Bureau’s motion for summary judgment; Environmental groups file opposition to summary judgment and cross-motion for summary judgment.

                    • 11/26/2018

                      Oregon district court judge vacates delay of WOTUS regulation, following similar 8/16/18 decision in South Carolina. 

                    • 11/7/2018

                      American Farm Bureau files its reply to Federal Defendants’ opposition to motion for summary judgment. 

                    • 11/24/2018

                      Intervenor environmental groups file their reply in support of cross motion for summary judgment.

                    • 5/29/2019

                      Texas District Court remands 2015 WOTUS rule, granting a motion for summary judgment that the Final Rule violated the notice-and-comment requirements of the Administrative Procedure Act violations (News summary) (No. 3:15-CV-00162)

                    • 6/12/2019

                      Oklahoma, the U.S. Chamber of Commerce, and other business groups asked 10th Circuit to review district court decision denying motion for preliminary injunction.

                    • 5/29/2019

                      Northern District of Oklahoma denies motion for preliminary injunction, finding lack of irreparable harm, leaving rule in place while it considers the merits.

                    more
                    Notes/Info/Chamber Statements

                    4/15/19: U.S. Chamber comments on proposed revised WOTUS definition.

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

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

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

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

                    Coalition letter supporting executive order on WOTUS rule.

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

                    Litigation details at Chamber Litigation Center

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

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

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

                    Topic
                    Land Management / Leasing
                    Issue/Reg
                    Alaska National Wildlife Refuge (ANWR)
                    Orders/Action
                    • 9/12/2019

                      BLM releases final EIS on ANWR Coastal Plain leasing proposal.

                    • 1/31/2019

                      BLM extends comment deadline for ANWR Coastal Plain leasing proposal until 3/13/19.

                    • 1/9/2019

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

                    • 12/19/2018

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

                    • 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
                    Most Recent Action
                    Agency
                    Interior
                    Litigation (if any)
                      Notes/Info/Chamber Statements

                      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).

                      Topic
                      Permitting / NEPA
                      Issue/Reg
                      Pipelines
                      Orders/Action
                      • 1/20/2018

                        FERC approves Penn East pipeline.

                      • 9/10/2019
                      Most Recent Action
                      Agency
                      FERC
                      Litigation (if any)
                      • 9/10/2019

                        Third Circuit Court rules that the Natural Gas Act does not abrogate State sovereign immunity as a corollary of its grant of eminent domain power to private gas companies, effectively blocking PennEast Pipeline from building on land owned by the state of New Jersey.

                      • 3/19/2019

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

                      Notes/Info/Chamber Statements
                      Topic
                      Renewables/Energy Efficiency
                      Issue/Reg
                      Light Bulbs
                      Orders/Action
                      • 9/5/2019

                        DOE finalizes reforms to energy efficiency standards for general service lamps

                      • 7/3/2019

                        DOE sends final rule modifying energy efficiency standards for general service light bulbs to OMB for review.

                      • 2/11/2019

                        DOE’s Office of Energy Efficiency and Renewable Energy (EERE) proposes modifications to efficiency standards for general service lamps.

                      more
                      Most Recent Action
                      Agency
                      Energy
                      Litigation (if any)
                        Notes/Info/Chamber Statements
                        Topic
                        Air Regulations
                        Issue/Reg
                        Power Plant CO2 New Source Performance Standards (NSPS)
                        Orders/Action
                        • 5/23/2019

                          OMB-OIRA projects finalization of EPA GHG new source performance standards for power plants in September 2019.

                        • 1/31/2019

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

                        • 12/6/2018

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

                          (Agency fact sheet)

                          (Comment docket)

                        • 9/10/2018

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

                        • 5/9/2018

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

                        • 3/28/2017

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

                        more
                        Most Recent Action
                        Agency
                        EPA, Potus
                        Litigation (if any)
                        • 8/29/2019

                          EPA submits 90-day status report stating that it is reviewing comments submitted on the proposed rule.

                        • 8/10/2017

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

                        • 7/31/2017

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

                        • 6/29/2017

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

                        • 4/28/2017

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

                        • 10/23/2015

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

                        • 10/27/2017

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

                        • 1/25/2018

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

                        • 10/27/2017

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

                        • 4/27/2018

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

                        • 10/23/2018

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

                        • 7/24/2018

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

                        • 1/31/2019

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

                        more
                        Notes/Info/Chamber Statements

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

                        Litigation details at U.S. Chamber Litigation Center

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

                        Topic
                        Water Regulations / Fracking
                        Issue/Reg
                        Power Plant Effluent Limitation Guidelines (ELGs)
                        Orders/Action
                        • 5/23/2019

                          OMB-OIRA regulatory agenda projects release of EPA proposal revising Effluent Limitation Guidelines rule in May 2019, with finalization in March 2020

                        • 10/19/2018

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

                        • 5/9/2018

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

                        • 6/6/2017

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

                        more
                        Most Recent Action
                        Agency
                        EPA
                        Litigation (if any)
                        • 8/28/2019

                          Fifth Circuit upholds EPA's delay of compliance deadlines for parts of Effluent Limitations Guidelines rule.

                        • 9/27/2017

                          Court enters briefing schedule for issues not held in abeyance; Respondent’s brief due on Dec. 15, 2017.

                        • 8/22/2017

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

                        • 4/24/2017

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

                        • 11/20/2015

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

                        • 11/20/2017

                          EPA files its 90-day status report.

                        • 12/15/2017

                          Environmental groups (respondents) file their brief.

                        • 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).

                        • 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)

                        • 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). 

                        • 2/22/2018

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

                        • 2/20/2018

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

                        • 7/9/2018

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

                        • 7/6/2018

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

                        • 7/26/2018

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

                        • 10/29/2018

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

                        • 10/3/2018

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

                        • 12/20/2018

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

                        • 3/21/2019

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

                        • 4/12/2019

                          Fifth Circuit issues opinion ruling EPA’s 2015 Effluent Limitation Guidelines regulations outdated and unlawful.

                        more
                        Notes/Info/Chamber Statements

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


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

                        Topic
                        Endangered Species Act
                        Issue/Reg
                        General
                        Orders/Action
                        more
                        Most Recent Action
                        Agency
                        Commerce, Interior
                        Litigation (if any)
                          Notes/Info/Chamber Statements

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

                          7/25/18: Beveridge and Diamond Alert: Major Changes to Endangered Species Act Regulation Proposed

                          Topic
                          Air Regulations
                          Issue/Reg
                          NAAQS
                          Orders/Action
                          • 12/6/2018

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

                            (Agency fact sheet)

                          • 7/25/2018

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

                          • 6/26/2018

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

                            (Comment docket)

                          • 6/19/2018

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

                          • 6/4/2018

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

                          • 3/9/2018

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

                            (Agency fact sheet)

                          • 1/5/2018

                            EPA announces its intention to complete attainment designations for the 2015 ozone standard by 4/30/18.

                          • 11/16/2017

                            EPA issues attainment designations for 2,646 counties under the 2015 ozone standard; indicates remaining designations (15% of U.S. counties) will be issued at a later date.

                            (News Summary)

                          • 8/2/2017

                            EPA withdraws prior decision to extending attainment designation deadlines.

                          • 6/7/2017

                            EPA postpones 2015 ozone standard attainment designations for one year, citing insufficient information to make compliance decision.

                          more
                          Most Recent Action
                          Agency
                          EPA
                          Litigation (if any)
                          • 8/23/2019

                            D.C. Circuit Court issues opinion denying petitions for review of 2015 ozone standard, except with respect to the secondary ozone standard, which it remanded for reconsideration.

                          • 10/10/2017

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

                          • 8/1/2017

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

                          • 7/10/2017

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

                          • 4/11/2017

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

                          • 10/26/2015

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

                          • 1/8/2018

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

                          • 1/31/2018

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

                             

                          • 1/26/2018

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

                          • 1/19/2018

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

                             

                          • 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).

                             

                          • 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).

                          • 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.”

                          • 5/15/2018

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

                          • 5/18/2018

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

                          • 6/5/2018

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

                          • 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).

                          • 6/7/2018

                            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).

                          • 6/8/2018

                            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).

                          • 1/19/2018

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

                          • 1/12/2018

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

                          • 12/4/2017

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

                          • 7/10/2017

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

                          • 4/11/2017

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

                          • 10/26/2015

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

                          • 7/3/2018

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

                          • 6/20/2018

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

                          • 6/15/2018

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

                          • 8/1/2018

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

                          • 8/1/2018

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

                             

                          • 9/27/2018

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

                          • 2/4/2019

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

                          more
                          Notes/Info/Chamber Statements
                          Topic
                          Air Regulations
                          Issue/Reg
                          Regional Haze
                          Orders/Action
                          • 8/20/2019

                            EPA releases guidance to states regarding second period of regional haze implementation.

                          • 5/23/2019

                            OMB-OIRA regulatory agenda projects proposal to modify 2017 regional haze rule in January 2020.

                          • 9/10/2018

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

                          more
                          Most Recent Action
                          Agency
                          EPA
                          Litigation (if any)
                            Notes/Info/Chamber Statements
                            Topic
                            Air Regulations
                            Issue/Reg
                            CAA Section 112
                            Orders/Action
                            • 6/25/2019

                              EPA releases proposed rule reforming “once-in, always-in” policy, allowing major sources of hazardous air pollutants (HAP) to reclassify as area sources when they permanently reduce hazardous air emissions.

                            • 5/23/2019

                              OMB-OIRA regulatory agenda projects proposed EPA rule reclassifying when a major source can become an area source under CAA Section 112 in June 2019.

                            • 10/19/2018

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

                            • 1/25/2018

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

                              (Press release)

                            more
                            Most Recent Action
                            Agency
                            EPA
                            Litigation (if any)
                            • 8/12/2019

                              Court issues an opinion dismissing petition for lack of subject matter jurisdiction.

                            • 3/26/2018

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

                            • 1/14/2019

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

                            • 12/21/2018

                              Respondent EPA files its response to petitioners’ opening brief.

                            • 2/19/2019

                              Oral argument scheduled for April 1, 2019.

                            • 4/1/2019

                              Oral argument held.

                            more
                            Notes/Info/Chamber Statements
                            Topic
                            Water Regulations / Fracking
                            Issue/Reg
                            CWA Section 401
                            Orders/Action
                            • 8/9/2019

                              EPA proposes rule reforming Clean Water Act Section 401 certification procedures. (Agency press release)(Comment docket)

                            • 7/12/2019

                              EPA sends proposed rule clarifying state certification procedures under CWA Section 401 to OMB for review.

                            • 6/7/2019

                              EPA issues guidance to clarify and streamline permitting processes under Section 401 of the Clean Water Act

                            • 5/23/2019

                              OMB-OIRA regulatory agenda projects EPA proposed EPA rule clarifying state certification procedures under CWA Section 401 in August 2019.

                            more
                            Most Recent Action
                            Agency
                            Army Corps, EPA
                            Litigation (if any)
                              Notes/Info/Chamber Statements

                              6/7/19: GEI statement on EPA CWA Section 401 guidance.

                              5/23/19: U.S. Chamber pre-proposal recommendations on Section 401 regulatory process.

                              Topic
                              Air Regulations
                              Issue/Reg
                              New Source Review
                              Orders/Action
                              • 8/9/2019

                                EPA proposes rule reforming New Source Review project emissions accounting requirements. (Comment docket)

                              • 3/21/2019

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

                              • 10/19/2018

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

                              • 7/6/2018

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

                              • 5/9/2018

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

                              • 4/30/2018

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

                              • 3/13/2018

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

                              • 12/7/2017

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

                              more
                              Most Recent Action
                              Agency
                              EPA
                              Litigation (if any)
                                Notes/Info/Chamber Statements
                                Topic
                                Permitting / NEPA
                                Issue/Reg
                                Pipelines
                                Orders/Action
                                • 3/29/2019

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

                                • 12/3/2018

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

                                • 9/24/2018

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

                                • 7/30/2018

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

                                  (Comment docket)

                                • 7/15/2018

                                  Court issues partial order on summary judgment regarding NEPA compliance.

                                • 4/4/2017

                                  Department of State issues Presidential Permit to Keystone XL pipeline.

                                • 1/24/2017

                                  Presidential Memorandum directing relevant federal agencies to promptly complete review of the proposed Keystone XL pipeline.

                                more
                                Most Recent Action
                                Agency
                                Army Corps, Potus
                                Litigation (if any)
                                • 8/8/2019

                                  Montana district court schedules 10/3/19 hearing to review environmental groups' challenge to Keystone XL pipeline construction permit.

                                • 10/4/2017

                                  Parties file statement of stipulated facts; Plaintiffs file a Preliminary Pretrial Statement

                                • 3/30/2017

                                  Environmental petitioners file for review of final agency approval of construction of the Keystone XL pipeline.

                                • 11/8/2017

                                  Federal defendants file brief in support of their motion to limit judicial review of all claims to the administrative records.

                                • 12/6/2017

                                  Federal Defendants file  reply brief supporting their motion to limit judicial review to the administrative record.

                                • 11/22/2017

                                  Court enters order denying the Federal Defendants’ motion to dismiss.

                                • 11/22/2017

                                  Environmental Plaintiffs file their respective responses to Federal Defendants’ motion.

                                • 2/9/2018

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

                                • 1/22/2018

                                  Defendants file their opposition to plaintiffs’ motion to compel.

                                • 1/8/2018

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

                                • 4/27/2018

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

                                • 3/30/2018

                                  Defendants file summary judgment cross-motion.

                                • 3/30/2018

                                  Intervenor TransCanada files motion for summary judgment.

                                • 5/11/2018

                                  Defendants file a reply supporting motion for summary judgment.

                                • 8/15/2018

                                  Court issues partial order on summary judgment regarding NEPA compliance.

                                • 12/7/2018

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

                                • 1/14/2019

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

                                  (News summary)

                                • 12/21/2018

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

                                • 2/15/2019

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

                                • 4/8/2019

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

                                • 3/19/2019

                                  Intervenor TransCanada files notice of appeal with the Ninth Circuit. 

                                • 6/7/2019

                                  9th Circuit Court of Appeals vacates a injunction issued by Montana district court blocking construction of Keystone XL pipeline in light of recently issued presidential permit. 

                                more
                                Notes/Info/Chamber Statements

                                8/23/19: U.S. Chamber statement on Nebraska Supreme Court ruling on Keystone XL.

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

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

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

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

                                Topic
                                Air Regulations
                                Issue/Reg
                                Startup, Shutdown, Malfunction (SSM)
                                Orders/Action
                                  Most Recent Action
                                  Agency
                                  EPA
                                  Litigation (if any)
                                  • 8/7/2019

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

                                  • 7/24/2017

                                    EPA files first abeyance reporting indicating that it continues to review the SSM rule.

                                  • 4/24/2017

                                    D.C. Circuit grants DOJ/EPA request to delay scheduled oral arguments regarding challenges to 2015 EPA SSM rule, giving the agency  time to reconsider the rule. The Court’s order places the SSM legal challenge in abeyance for 90 days, and requires EPA to submit a 90-day status report.

                                  • 6/12/2015

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

                                  • 10/23/2017

                                    EPA files its second 90-day status report.

                                  • 1/19/2018

                                    EPA files its third 90-day status report.

                                  • 4/19/2018

                                    EPA files its fourth 90-day status report.

                                  • 7/18/2018

                                    EPA files its fifth 90-day status report.

                                  • 10/16/2018

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

                                  • 2/8/2019

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

                                  • 7/1/2019

                                    Petitioner Utility Air Regulatory Group files motion for voluntary dismissal of its petition for review. 

                                  more
                                  Notes/Info/Chamber Statements

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

                                  Topic
                                  Permitting / NEPA
                                  Issue/Reg
                                  Pipelines
                                  Orders/Action
                                  • 10/4/2018

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

                                  • 2/3/2017

                                    FERC grants final permit approvals for Atlantic Sunrise Pipeline.

                                  Most Recent Action
                                  Agency
                                  FERC
                                  Litigation (if any)
                                  • 8/2/2019

                                    D.C. Circuit Court issues opinion denying challenge to Atlantic Sunrise permits, finding that the challenges to the Commission’s order permitting the pipeline expansion cannot surmount the deferential standards of agency review.

                                  • 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.  

                                  • 11/8/2017

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

                                     

                                  • 1/16/2018

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

                                  • 3/9/2018

                                    Petitioners file their joint appellate opening brief.

                                  • 2/16/2018

                                    Court enters order denying motion for stay.

                                  • 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.

                                  • 7/2/2018

                                    Petitioners file their joint reply brief.

                                  • 7/2/2018

                                    Petitioners file their joint opening brief.

                                  • 6/29/2018

                                    Respondent FERC files its brief.

                                  • 6/27/2018

                                    Intervenors file their joint brief.

                                  • 10/17/2018

                                    Oral argument scheduled for Dec. 7, 2018.

                                  • 12/7/2018

                                    Oral argument held before Judges Garland, Tatel and Millet.

                                  more
                                  Notes/Info/Chamber Statements
                                  Topic
                                  Vehicles / Fuels
                                  Issue/Reg
                                  CAFE Standards
                                  Orders/Action
                                  • 7/12/2019

                                    NHTSA finalizes rulemaking to reduce financial penalty rates for automakers that fall short of CAFE requirements.

                                     

                                     

                                     

                                     

                                  • 5/23/2019

                                    OMB-OIRA regulatory agenda projects EPA finalization of Safer Fuel-Efficient Vehicles (SAFE) rule in June 2019.

                                  • 10/19/2018

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

                                  • 10/1/2018

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

                                  • 8/2/2018

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

                                  • 5/31/2018

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

                                  • 4/3/2018

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

                                  • 3/27/2018

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

                                    (Press release)

                                  • 8/21/2017

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

                                    (Comment docket)

                                  • 7/26/2017

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

                                  • 7/7/2017

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

                                  • 3/15/2017

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

                                  • 8/2/2019
                                  more
                                  Most Recent Action
                                  Agency
                                  DOT, EPA
                                  Litigation (if any)
                                  • 8/2/2019

                                    Coalition of 13 states led by California file suit in second circuit challenging NHTSA rulemaking reducing financial penalties related to fuel economy standards.

                                  Notes/Info/Chamber Statements
                                  Topic
                                  Permitting / NEPA
                                  Issue/Reg
                                  Pipelines
                                  Orders/Action
                                  • 9/17/2018

                                    FERC lifts stop-work order on Atlantic Coast Pipeline construction after National Park Service issued a new right of way permit for crossing the Blue Ridge Parkway.

                                  • 8/10/2018

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

                                  • 10/13/2017

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

                                    (News Summary)

                                  • 7/21/2017

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

                                  more
                                  Most Recent Action
                                  Agency
                                  FERC
                                  Litigation (if any)
                                  • 7/26/2019

                                    Fourth Circuit vacates Fish and Wildlife Service Endangered Species Act evaluation and permit for the Atlantic Coast Pipeline.

                                  • 7/11/2018

                                    Federal respondents file their opposition to petitioners’ brief.

                                  • 4/24/2018

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

                                  • 12/13/2018

                                    Fourth Circuit overturns Forest Service permit allowing the Atlantic Coast Pipeline to cross beneath the Appalachian Trail. (News summary)

                                  • 12/7/2018

                                    Fourth Circuit issues stay of ACP permit from the U.S Fish & Wildlife Service in response to environmental petitioners suit related to endangered species. (News summary)

                                  • 1/23/2019

                                    Fourth Circuit grants request by Army Corps for voluntary remand Atlantic Coast Pipeline permit from National Park Service. (News summary)

                                  • 1/14/2019

                                    Fourth Circuit denies request to scale back stay of Atlantic Coast Pipeline permit. (News summary)

                                  • 12/28/2018

                                    Fourth Circuit declines request to expedite oral argument pertaining to stay of Fish and Wildlife Service ACP permit.

                                    (News summary)

                                  more
                                  Notes/Info/Chamber Statements

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

                                  Chamber infographic: Benefits of the Atlantic Coast Pipeline

                                  Topic
                                  Energy Efficiency
                                  Issue/Reg
                                  Appliance Standards
                                  Orders/Action
                                  • 7/16/2019

                                    7/16/19: DOE approves petition requesting establishment of a new class of short cycle dishwashers, and requests comment on related proposal. (Comment docket)

                                  Most Recent Action
                                  Agency
                                  Energy
                                  Litigation (if any)
                                    Notes/Info/Chamber Statements
                                    Topic
                                    Air Regulations
                                    Issue/Reg
                                    Affordable Clean Energy Rule
                                    Orders/Action
                                    • 7/8/2019

                                      EPA finalizes Affordable Clean Energy (ACE) rule, as well as the repeal of the Clean Power Plan.

                                    • 5/23/2019

                                      OMB-OIRA regulatory agenda projects finalization of EPA Affordable Clean Energy rule in June 2019.

                                    • 10/19/2018

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

                                    • 7/31/2018

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

                                      (Agency press release)

                                      (Comment docket)

                                    • 7/9/2018

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

                                    • 5/9/2018

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

                                    • 12/18/2017

                                      EPA publishes advance notice of proposed rulemaking seeking comment on “State Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units”-- a framework to replace the Clean Power Plan.

                                      (Agency fact sheet)

                                      (Comment docket)

                                    more
                                    Most Recent Action
                                    Agency
                                    EPA
                                    Litigation (if any)
                                      Notes/Info/Chamber Statements

                                      10/31/18: Coalition comments on proposed Affordable Clean Energy rule.

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

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