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
Vehicles / Fuels Renewable Fuel Standard (RFS)
  • 7/5/2019

    EPA proposes RFS renewable volume obligations (RVO) for 2020.

  • 5/20/2019

    EPA sends proposed RFS “reset rule” volume requirements for 2020-2022 to OMB for review.

  • 5/6/2019

    EPA sends proposed 2020 RFS volume requirements to OMB for review.

  • 12/11/2018

    EPA announces final volume requirements under the RFS program for 2019 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel, and biomass-based diesel for 2020.

    (Agency summary)

  • 10/19/2018

    OMB-OIRA fall unified regulatory agenda projects release of proposed rule setting 2020 RFS volumes in January 2019.

  • 10/11/2018

    President Trump directs EPA to promulgate a rulemaking allowing year-round sale of E15 fuel.

  • 6/26/2018

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

  • 12/12/2017

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

  • 11/30/2017

    EPA issues notice rejecting request to change RFS point of obligation from refiners and importers of gasoline and diesel fuel to parties that blend and transport the fuel.

  • 10/4/2017

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

    (News Summary)

  • 7/21/2017

    EPA proposes renewable fuel volumetric blending requirements for 2018.

more
EPA
    Permitting / NEPA Greenhouse Gases
    • 6/26/2019

      White House Council on Environmental Quality releases draft guidance addressing incorporation of greenhouse gas considerations in agency NEPA reviews. (Comment docket)

    CEQ
      Air Regulations MATS "Supplemental Findings"
      • 2/7/2019

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

      • 12/28/2018

        EPA announces proposal to revise MATS supplemental cost finding. 

      • 10/19/2018

        EPA sends proposed changes modifying 2012 MATS regulation to OMB for review.

      • 7/29/2018

        EPA informally announces that it plans to reconsider the 2012 MATS regulation.

      • 5/9/2018

        OMB-OIRA semiannual unified regulatory agenda projects proposed rulemaking addressing MATS regulation will be released in August 2018.

      • 4/25/2016

        EPA issues Supplemental Finding responding to U.S. Supreme Court decision in Michigan v. EPA, 135 S. Ct. 2699 (2015), discussing the appropriateness of associated costs including MATS, in regulating coal and oil-fired electric utility steam generating units (EGUs). 

      more
      EPA
      • 7/26/2017

        EPA submits its status report stating that EPA is continuing to review its finding to determine whether the rule should be “maintained, modified or otherwise reconsidered.”

      • 4/27/2017

        D.C. Circuit order in response to DOJ/EPA request postpones May 18 oral arguments; grants 90-day abeyance.

      • 4/25/2017

        Industry files petition for review of final agency action regarding findings for coal- and oil-fired energy generating units. 

      • 10/24/2017

        EPA submits its status report stating that it continues to review the Supplemental Finding to determine whether the rule should be “maintained, modified or otherwise reconsidered.”

      • 1/19/2018

        EPA submits its status report stating that it continues to review the final rule to determine whether the rule should be “maintained, modified or otherwise reconsidered.”

      • 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.”

      • 7/18/2018

        EPA submits its status report stating that it continues to review the final rule to determine whether the rule should be “maintained, modified or otherwise reconsidered.”

      • 10/16/2018

        EPA submits its status report stating that it continues to review the final rule to determine whether the rule should be “maintained, modified or otherwise reconsidered.” EPA will submit its next status report in 90 days.

      • 1/14/2019

        EPA submits its status report stating that it continues to review the final rule to determine whether the rule should be “maintained, modified or otherwise reconsidered.” EPA will submit its next status report in 90 days.

      • 6/24/2019

        Court grants Utility Air Regulatory Group’s motion for voluntary dismissal of its petition for review. 

      more

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

      03/26/19: Coalition comments on MATS proposal

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

      Case: Murray Energy v. EPA, No. 16-1127 (D.C. Cir.)

      Electricity Cyber Security
      • 6/20/2019

        FERC approves order expanding the reporting requirements for grid-related cyber security incidents

      FERC
        General / Energy Development Offshore energy
        • 5/15/2019

          Interior’s Bureau of Safety and Environmental Enforcement finalizes revisions to well control and blowout preventer regulations.

        • 10/19/2018

          OMB-OIRA fall unified regulatory agenda projects finalization of Blowout Preventer Systems and Well Control Rule in December 2018.

        • 4/27/2018

          Interior’s Bureau of Safety and Environmental Enforcement proposes modifications to Blowout Preventer and Well Control Rule.

        more
        Interior
        • 6/11/2019

          Environmental groups petition Northern California district court to invalidate Interior Department's recently finailzed reforms well control and blowout preventer rule. 

           

        Air Regulations Regional Haze
          EPA
          • 3/12/2018

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

          • 9/11/2017

            Tenth Circuit grants request from PacifiCorp and State of Utah to stay litigation on EPA’s 2016 regional haze Federal Implementation Plan (FIP) while EPA reconsiders the rule.

          • 6/11/2018

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

          • 9/10/2018

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

          • 12/10/2018

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

          • 3/11/2019

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

          • 6/10/2019

            Court enters order holding case in abeyance and directing EPA to file a status report by Sep. 9, 2019.

          more

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

          Air Regulations Methane NSPS
          • 6/10/2019

            EPA sends proposal modifying methane new source performance standards to OMB for review.

          • 5/23/2019

            OMB-OIRA regulatory agenda projects EPA finalization of methane new source performance standards rule in September 2019.

          • 10/19/2018

            OMB-OIRA fall regulatory agenda projects finalization of methane new source performance standards rule in April 2019

          • 10/15/2018

            EPA formally proposes changes to methane new source performance standards (OOOOa, or "Quad O" rules) that “streamline implementation, reduce duplicative EPA and state requirements, and significantly decrease unnecessary burdens on domestic energy producers.” (Comment docket)

          • 5/9/2018

            Office of Management and Budget - Office of Information and Regulatory Affairs (OMB-OIRA) spring unified regulatory agenda projects finalization of methane New Source Performance Standards (NSPS, 40 CFR Part 60, Subpart OOOOa) rulemaking in November 2018.

          • 3/12/2018

            EPA finalizes amendments to the Oil and Gas Sector rule, removing the requirement for completion of delayed repair during unscheduled and emergency vent blowdowns and providing for separate monitoring requirements for well sites on the Alaskan North Slope.

          • 11/8/2017

            EPA issues a notice seeking comment on the agency’s proposed stays of certain requirements in  2016 NSPS for the oil and gas industry.

            (Agency fact sheet)

          • 6/16/2017

            EPA issues order proposing to stay for two years the implementation of 2016 New Source Performance Standards emission standards emission standards from oil and gas production.

          • 6/14/2017

            EPA announces its intention to stop development of emission guidelines for existing oil and gas sources.

          • 6/5/2017

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

          more
          EPA
          • 8/10/2017

            Industry and State petitioners’ request for a rehearing en banc denied. (No. 17-1145).

          • 7/31/2017

            D.C. Circuit en banc panel vacates EPA’s 90-day pause of methane rule implementation for new oil and gas sources, putting the rule back into effect. (No. 17-1145).

          • 7/13/2017

            D.C. Circuit grants EPA request to delay enforcement of methane NSPS regulation for 14 days while the agency considers whether to appeal the ruling.  (No. 17-1145).

          • 7/3/2017

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

          • 6/5/2017

            Environmental petitioners file for review of EPA’s final action staying its own methane NSPS regulations on oil and gas sites.  (No.17-1145).

          • 5/30/2018

            Intervenor Environmental Defense Fund files a complaint compelling EPA to issue methane emission guidelines from existing oil and gas sources. (No. 18-773)

          • 4/5/2018

            State and local governments file complaint against EPA to comply with  nondiscretionary duty via  Clean Air Act to set methane emission guidelines for oil and gas sources. (No. 18-773).

          • 4/4/2018

            State and local governments file complaint against EPA stating that the agency failed to set standards for methane emissions from existing oil and gas infrastructure. (No. 17-1145).

          • 7/31/2018

            EPA files answer to complaint. (No. 18-773).

          more

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

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

           

          Vehicles / Fuels Renewable Fuel Standard (RFS)
          • 6/6/2019

            EPA finalizes rule allowing year-round E15 sales.

          • 5/23/2019

            OMB-OIRA regulatory agenda projects EPA finalization of rule allowing year-round E15 sales in June 2019.

          • 3/21/2019

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

          more
            Air Regulations Aircraft GHG emissions
            • 5/23/2019

              OMB-OIRA regulatory agenda projects proposed EPA rule addressing GHG emissions from aircraft in September 2019.

            EPA
              Permitting / NEPA Rights-of-way
              • 5/23/2019

                OMB-OIRA regulatory agenda projects release of proposed Fish and Wildlife Service rule to streamline regulations for permitting rights-of-way in June 2019.

              • 10/19/2018

                OMB-OIRA fall unified regulatory agenda projects February 2019 release of proposed Fish and Wildlife Service rule to streamline regulations for permitting rights-of-way.

              Interior
                Water Regulations / Fracking CWA Section 404(c)
                • 5/23/2019

                  OMB-OIRA regulatory agenda projects proposed rule modifying CWA 404(g) regulations in March 2020.

                • 8/7/2018

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

                  (Agency press release)

                Army Corps
                  Water Regulations / Fracking CWA Section 404(c)
                  • 5/23/2019

                    OMB-OIRA regulatory agenda projects proposed rule modifying CWA Section 404(c) review processes in November 2019.

                  • 10/19/2018

                    OMB-OIRA fall regulatory agenda projects proposed rule modifying CWA 404(c) water permitting regulations in June 2019.

                  • 6/27/2018

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

                  more
                  EPA
                    Regulatory Reform Cost and Benefits
                    • 5/23/2019

                      OMB-OIRA regulatory agenda projects proposal reforming CAA cost-benefit processes in December 2019.

                    • 5/13/2019

                      EPA Administrator Wheeler issues memo initiating effort to address “inconsistencies in treatment of benefits and costs as part of regulatory decision-making.”

                    • 7/3/2018

                      EPA extends comment period deadline for cost-benefit ANPR to 8/13/18.

                    • 6/13/2018

                      EPA issues advanced notice of proposed rulemaking seeking feedback on potential reforms cost-benefit analyses and related processes. (Comment docket)

                    more
                    EPA

                      8/13/18: Chamber comments on EPA cost-benefit ANPR.

                      Air Regulations NAAQS
                      • 5/23/2019

                        OMB-OIRA regulatory agenda projects release of ozone NAAQS proposed rulemaking in March 2020.

                      • 3/9/2018

                        EPA proposes withdrawal of “control technique guidelines” (CTGs) related to recommendations to states for controlling VOCs from existing oil and gas facilities in ozone nonattainment areas and the ozone transport region.

                        (Comment docket)

                      EPA
                        Water Regulations / Fracking Coal Combustion Residuals
                        • 5/23/2019

                          OMB-OIRA regulatory agenda projects EPA proposal revising federal coal combustion residuals permitting process in July 2019.

                        • 7/30/2018

                          EPA finalizes revisions to 2015 coal combustion residuals (CCR) rulemaking. 

                        • 6/18/2018

                          EPA announces approval of Oklahoma permit program for managing coal combustion residuals--the first state permit of its kind.

                        • 5/9/2018

                          OMB-OIRA semiannual unified regulatory agenda projects NPRM addressing CCR modifications in September 2018.

                        • 3/1/2018

                          EPA proposes amendments to Phase I of 2015 CCR regulations.

                          (Comment docket)

                        • 9/14/2017

                          EPA announces that it plans to reconsider certain provisions of 2015 coal combustion residuals (coal ash) regulations.

                        • 8/15/2017

                          EPA releases interim final guidance for development of state coal combustion residual permitting programs; opens 30 day comment period.

                          (News Summary)

                        • 5/12/2017

                          Petition filed with EPA for review of Coal Ash rule by Utility Solid Waste Activities Group.

                        more
                        EPA
                        • 9/27/2017

                          Court reschedules oral argument to 11/20/17.

                        • 9/18/2017

                          Government files motion to hold case in abeyance pending EPA reconsideration of the rule.

                        • 8/3/2017

                          Order filed scheduling oral arguments for October 17.

                        • 7/5/2015

                          Industry petitioners file for review of EPA’s final “Hazardous and Solid Waste Management System; Disposal of coal Combustion Residuals from Electric Utilities” final rule.

                        • 11/13/2017

                          Environmental Petitioners and Intervenors file opposition to motion for voluntary remand.

                        • 11/7/2017

                          Petitioner files motion for voluntary remand.

                        • 11/20/2017

                          Oral argument held.

                        • 11/15/2017

                          EPA files its status report setting forth provisions of the Final Rule that are or are likely to be reconsidered by the Agency.

                        • 10/15/2018

                          Court issues mandate ordering 8/21/2018 decision:

                          1) denying EPA’s abeyance motion, 2) partially granting EPA’s remand motion, 3) partially granting Environmental petition and 4) denying Industry petition.

                        • 10/22/2018

                          Environmental petitioners file suit in D.C. Circuit challenging EPA’s revisions to 2015 coal combustion residuals rulemaking.

                        • 1/31/2019

                          EPA files response to petitioners request for stay or summary vacatur of 7/30/18 CCR revisions.

                        more

                        Case: Util. Solid Waste Activities Grp. v. EPA, No. 15-1219 (D.C. Cir.).

                        Permitting / NEPA National Environmental Policy Act (NEPA)
                        • 5/23/2019

                          OMB-OIRA regulatory agenda projects CEQ proposal updating NEPA regulations in June 2019.

                        • 10/19/2018

                          OMB-OIRA fall unified regulatory agenda projects release of proposed rule updating NEPA regulations in February 2019.

                        • 7/11/2018

                          CEQ extends comment deadline for ANPRM regarding updates to NEPA regulations to 8/20/18.

                        • 6/10/2018

                          Council on Environmental Quality (CEQ) published an advance notice of proposed rulemaking (ANPRM) titled “Update to theRegulations for Implementing the Procedural Provisions of the National Environmental Policy Act.” The CEQ is extending the comment period on the ANPRM, which was scheduled to close on July 20, 2018, for 31 days until August 20, 2018. The CEQ is making this change in response to public requests for an extension of the comment period.

                          (Comment docket)

                        • 10/24/2017

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

                        • 3/28/2017

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

                        more
                        Potus, Interior, CEQ

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

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

                          Air Regulations Risk Management Program
                          • 5/23/2019

                            OMB-OIRA regulatory agenda projects finalization of rule amending EPA Risk Management Program in August 2019.

                          • 12/3/2018

                            EPA announces that amendments to Risk Management Program put forward in a final rule published in the Federal Register on 1/13/17 are now in effect.

                          • 5/30/2018

                            EPA issues proposed rule amending RIsk Management Program.

                            (Agency fact sheet)

                            (Comment docket)

                          • 6/14/2017

                            Administrator Pruitt signs directive delaying implementation of the Obama Administration’s January 5, 2017, Risk Management Plan amendments for 20 months while the agency reviews petitions for reconsideration against the rule brought by states and industry.

                            (News Summary)

                            (Federal Register notice)

                          more
                          EPA
                          • 9/26/2017

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

                          • 8/30/2017

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

                          • 6/15/2017

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

                          • 10/25/2017

                            State and Industry petitioners file their respective briefs.

                          • 12/8/2017

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

                          • 11/3/2017

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

                          • 11/1/2017

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

                          • 12/22/2017

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

                          • 1/31/2018

                            Industry intervenors file their final reply brief.

                          • 1/31/2018

                            Industry intervenors file their final brief.

                          • 1/31/2018

                            State intervenors file their final brief.

                             

                          • 1/30/2018

                            State petitioners file their final reply brief.

                          • 1/30/2018

                            State petitioners file their final opening brief.

                             

                          • 1/19/2018

                            State and industry intervenors file their reply proof briefs.

                          • 3/16/2018

                            Oral arguments held.

                          • 4/16/2018

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

                          • 4/6/2018

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

                          • 3/23/2018

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

                          • 12/8/2017

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

                          • 11/3/2017

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

                          • 11/1/2017

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

                          • 10/25/2017

                            State and Industry petitioners file their respective briefs.

                          • 9/26/2017

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

                          • 8/30/2017

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

                          • 6/15/2017

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

                          • 9/4/2018

                            Court orders a return of the August mandate

                          • 8/24/2018

                            Enviro petitioners file motion for expedited issuance of mandate.  

                          • 8/17/2018

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

                          more

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

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

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

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

                          Land Management / Leasing Coal Leasing
                          • 5/22/2019

                            BLM issues draft environmental assessment report evaluating the potential impacts of its decision to lift a moratorium on coal leasing of public lands.

                          • 3/29/2017

                            Secretary Zinke formally re-opens coal leasing by signing Secretarial Order 3348.

                          • 3/28/2017

                            Section 6 of Executive Order 13783 directs the Department of Interior to rescind the Obama Administration’s prohibition on coal leasing on federal lands.

                          more
                          Potus, Interior
                          • 2/2/2018

                            Appellant environmental groups file their reply brief.

                          • 1/31/2018

                            Appellee BLM files its final brief.

                          • 12/6/2017

                            Appellee State of Wyoming files its brief.

                          • 11/7/2017

                            Appellee BLM files its initial brief.

                          • 9/15/2017

                            Appellant environmental groups file their initial brief.

                          • 3/23/2018

                            Oral argument held.

                          • 6/19/2018

                            Court issues opinion/order affirming lower court’s judgment that the Department of Interior is not obligated to update its federal coal management program analysis under NEPA to include climate change impacts.

                          • 4/19/2019

                            Montana District Court rules that 2017 Department of Interior order repealing federal moratorium of coal leasing on public lands violated NEPA. (News summary)

                          more

                          Case: Western Org. Resources Council v. Zinke, No. 15-5294 (D.C. Cir.)

                          U.S. Chamber statement in response to President Obama’s coal leasing moratorium.

                          Electricity Storage
                          • 5/16/2019

                            FERC rejects request to let states opt-out of Order 841, which lets distribution-connected storage participate in wholesale markets.

                          • 2/15/2018

                            FERC finalizes rule to remove barriers to the use of electric storage resources in wholesale electric markets.

                             

                            (Agency press release)

                          • 11/30/2016

                            FERC proposes rulemaking aimed at removing barriers to the use of electric storage resources in wholesale elcectric markets. 

                             

                            (Docket: RM1623)

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

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

                            • 7/6/2018

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

                            • 11/9/2017

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

                              (News Summary)

                            • 8/17/2017

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

                            more
                            EPA
                            • 10/4/2017

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

                            • 8/21/2017

                              Cases to remain in abeyance pending further order.

                            • 5/8/2017

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

                            • 12/22/2016

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

                            • 10/27/2017

                              Court grants motion for stay, continuing abeyance.

                            • 10/12/2017

                              State Intervenors file their opposition to motion for stay.

                            • 10/12/2017

                              Environmental Intervenors file their opposition to motion for stay.

                            • 1/22/2018

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

                            • 4/25/2018

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

                            • 10/12/2017

                              Trailer petitioner files motion for stay.

                            • 8/17/2018

                              Petitioners file their reply in support of motion to compel.

                            • 7/16/2018

                              EPA responds to petitioners’ motion to compel.

                               

                            • 8/6/2018

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

                            • 9/24/2018

                              Petitioners file notice of withdrawal of their motion to compel EPA to submit detailed status report.

                            • 10/22/2018

                              EPA submits its status report stating it is developing a proposed rule to revisit the trailer provisions of the Rule that is the subject of this litigation (Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium and Heavy Duty Engines and Vehicles – Phase 2, 10/25/16).  

                            • 2/8/2019

                              EPA submits status report stating that it plans to meet with Trailer Petitioners to continue discussions regarding the Rule. 

                            • 5/9/2019

                              EPA submits its status report stating that it continues to assess next steps in the administrative process. 

                            more

                            Abeyance granted through approx. July 20.

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

                            Topic
                            Vehicles / Fuels
                            Issue/Reg
                            Renewable Fuel Standard (RFS)
                            Orders/Action
                            • 7/5/2019

                              EPA proposes RFS renewable volume obligations (RVO) for 2020.

                            • 5/20/2019

                              EPA sends proposed RFS “reset rule” volume requirements for 2020-2022 to OMB for review.

                            • 5/6/2019

                              EPA sends proposed 2020 RFS volume requirements to OMB for review.

                            • 12/11/2018

                              EPA announces final volume requirements under the RFS program for 2019 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel, and biomass-based diesel for 2020.

                              (Agency summary)

                            • 10/19/2018

                              OMB-OIRA fall unified regulatory agenda projects release of proposed rule setting 2020 RFS volumes in January 2019.

                            • 10/11/2018

                              President Trump directs EPA to promulgate a rulemaking allowing year-round sale of E15 fuel.

                            • 6/26/2018

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

                            • 12/12/2017

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

                            • 11/30/2017

                              EPA issues notice rejecting request to change RFS point of obligation from refiners and importers of gasoline and diesel fuel to parties that blend and transport the fuel.

                            • 10/4/2017

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

                              (News Summary)

                            • 7/21/2017

                              EPA proposes renewable fuel volumetric blending requirements for 2018.

                            more
                            Most Recent Action
                            Agency
                            EPA
                            Litigation (if any)
                              Notes/Info/Chamber Statements
                              Topic
                              Permitting / NEPA
                              Issue/Reg
                              Greenhouse Gases
                              Orders/Action
                              • 6/26/2019

                                White House Council on Environmental Quality releases draft guidance addressing incorporation of greenhouse gas considerations in agency NEPA reviews. (Comment docket)

                              Most Recent Action
                              Agency
                              CEQ
                              Litigation (if any)
                                Notes/Info/Chamber Statements
                                Topic
                                Air Regulations
                                Issue/Reg
                                MATS "Supplemental Findings"
                                Orders/Action
                                • 2/7/2019

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

                                • 12/28/2018

                                  EPA announces proposal to revise MATS supplemental cost finding. 

                                • 10/19/2018

                                  EPA sends proposed changes modifying 2012 MATS regulation to OMB for review.

                                • 7/29/2018

                                  EPA informally announces that it plans to reconsider the 2012 MATS regulation.

                                • 5/9/2018

                                  OMB-OIRA semiannual unified regulatory agenda projects proposed rulemaking addressing MATS regulation will be released in August 2018.

                                • 4/25/2016

                                  EPA issues Supplemental Finding responding to U.S. Supreme Court decision in Michigan v. EPA, 135 S. Ct. 2699 (2015), discussing the appropriateness of associated costs including MATS, in regulating coal and oil-fired electric utility steam generating units (EGUs). 

                                more
                                Most Recent Action
                                Agency
                                EPA
                                Litigation (if any)
                                • 7/26/2017

                                  EPA submits its status report stating that EPA is continuing to review its finding to determine whether the rule should be “maintained, modified or otherwise reconsidered.”

                                • 4/27/2017

                                  D.C. Circuit order in response to DOJ/EPA request postpones May 18 oral arguments; grants 90-day abeyance.

                                • 4/25/2017

                                  Industry files petition for review of final agency action regarding findings for coal- and oil-fired energy generating units. 

                                • 10/24/2017

                                  EPA submits its status report stating that it continues to review the Supplemental Finding to determine whether the rule should be “maintained, modified or otherwise reconsidered.”

                                • 1/19/2018

                                  EPA submits its status report stating that it continues to review the final rule to determine whether the rule should be “maintained, modified or otherwise reconsidered.”

                                • 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.”

                                • 7/18/2018

                                  EPA submits its status report stating that it continues to review the final rule to determine whether the rule should be “maintained, modified or otherwise reconsidered.”

                                • 10/16/2018

                                  EPA submits its status report stating that it continues to review the final rule to determine whether the rule should be “maintained, modified or otherwise reconsidered.” EPA will submit its next status report in 90 days.

                                • 1/14/2019

                                  EPA submits its status report stating that it continues to review the final rule to determine whether the rule should be “maintained, modified or otherwise reconsidered.” EPA will submit its next status report in 90 days.

                                • 6/24/2019

                                  Court grants Utility Air Regulatory Group’s motion for voluntary dismissal of its petition for review. 

                                more
                                Notes/Info/Chamber Statements

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

                                03/26/19: Coalition comments on MATS proposal

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

                                Case: Murray Energy v. EPA, No. 16-1127 (D.C. Cir.)

                                Topic
                                Electricity
                                Issue/Reg
                                Cyber Security
                                Orders/Action
                                • 6/20/2019

                                  FERC approves order expanding the reporting requirements for grid-related cyber security incidents

                                Most Recent Action
                                Agency
                                FERC
                                Litigation (if any)
                                  Notes/Info/Chamber Statements
                                  Topic
                                  General / Energy Development
                                  Issue/Reg
                                  Offshore energy
                                  Orders/Action
                                  • 5/15/2019

                                    Interior’s Bureau of Safety and Environmental Enforcement finalizes revisions to well control and blowout preventer regulations.

                                  • 10/19/2018

                                    OMB-OIRA fall unified regulatory agenda projects finalization of Blowout Preventer Systems and Well Control Rule in December 2018.

                                  • 4/27/2018

                                    Interior’s Bureau of Safety and Environmental Enforcement proposes modifications to Blowout Preventer and Well Control Rule.

                                  more
                                  Most Recent Action
                                  Agency
                                  Interior
                                  Litigation (if any)
                                  • 6/11/2019

                                    Environmental groups petition Northern California district court to invalidate Interior Department's recently finailzed reforms well control and blowout preventer rule. 

                                     

                                  Notes/Info/Chamber Statements
                                  Topic
                                  Air Regulations
                                  Issue/Reg
                                  Regional Haze
                                  Orders/Action
                                    Most Recent Action
                                    Agency
                                    EPA
                                    Litigation (if any)
                                    • 3/12/2018

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

                                    • 9/11/2017

                                      Tenth Circuit grants request from PacifiCorp and State of Utah to stay litigation on EPA’s 2016 regional haze Federal Implementation Plan (FIP) while EPA reconsiders the rule.

                                    • 6/11/2018

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

                                    • 9/10/2018

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

                                    • 12/10/2018

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

                                    • 3/11/2019

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

                                    • 6/10/2019

                                      Court enters order holding case in abeyance and directing EPA to file a status report by Sep. 9, 2019.

                                    more
                                    Notes/Info/Chamber Statements

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

                                    Topic
                                    Air Regulations
                                    Issue/Reg
                                    Methane NSPS
                                    Orders/Action
                                    • 6/10/2019

                                      EPA sends proposal modifying methane new source performance standards to OMB for review.

                                    • 5/23/2019

                                      OMB-OIRA regulatory agenda projects EPA finalization of methane new source performance standards rule in September 2019.

                                    • 10/19/2018

                                      OMB-OIRA fall regulatory agenda projects finalization of methane new source performance standards rule in April 2019

                                    • 10/15/2018

                                      EPA formally proposes changes to methane new source performance standards (OOOOa, or "Quad O" rules) that “streamline implementation, reduce duplicative EPA and state requirements, and significantly decrease unnecessary burdens on domestic energy producers.” (Comment docket)

                                    • 5/9/2018

                                      Office of Management and Budget - Office of Information and Regulatory Affairs (OMB-OIRA) spring unified regulatory agenda projects finalization of methane New Source Performance Standards (NSPS, 40 CFR Part 60, Subpart OOOOa) rulemaking in November 2018.

                                    • 3/12/2018

                                      EPA finalizes amendments to the Oil and Gas Sector rule, removing the requirement for completion of delayed repair during unscheduled and emergency vent blowdowns and providing for separate monitoring requirements for well sites on the Alaskan North Slope.

                                    • 11/8/2017

                                      EPA issues a notice seeking comment on the agency’s proposed stays of certain requirements in  2016 NSPS for the oil and gas industry.

                                      (Agency fact sheet)

                                    • 6/16/2017

                                      EPA issues order proposing to stay for two years the implementation of 2016 New Source Performance Standards emission standards emission standards from oil and gas production.

                                    • 6/14/2017

                                      EPA announces its intention to stop development of emission guidelines for existing oil and gas sources.

                                    • 6/5/2017

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

                                    more
                                    Most Recent Action
                                    Agency
                                    EPA
                                    Litigation (if any)
                                    • 8/10/2017

                                      Industry and State petitioners’ request for a rehearing en banc denied. (No. 17-1145).

                                    • 7/31/2017

                                      D.C. Circuit en banc panel vacates EPA’s 90-day pause of methane rule implementation for new oil and gas sources, putting the rule back into effect. (No. 17-1145).

                                    • 7/13/2017

                                      D.C. Circuit grants EPA request to delay enforcement of methane NSPS regulation for 14 days while the agency considers whether to appeal the ruling.  (No. 17-1145).

                                    • 7/3/2017

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

                                    • 6/5/2017

                                      Environmental petitioners file for review of EPA’s final action staying its own methane NSPS regulations on oil and gas sites.  (No.17-1145).

                                    • 5/30/2018

                                      Intervenor Environmental Defense Fund files a complaint compelling EPA to issue methane emission guidelines from existing oil and gas sources. (No. 18-773)

                                    • 4/5/2018

                                      State and local governments file complaint against EPA to comply with  nondiscretionary duty via  Clean Air Act to set methane emission guidelines for oil and gas sources. (No. 18-773).

                                    • 4/4/2018

                                      State and local governments file complaint against EPA stating that the agency failed to set standards for methane emissions from existing oil and gas infrastructure. (No. 17-1145).

                                    • 7/31/2018

                                      EPA files answer to complaint. (No. 18-773).

                                    more
                                    Notes/Info/Chamber Statements

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

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

                                     

                                    Topic
                                    Vehicles / Fuels
                                    Issue/Reg
                                    Renewable Fuel Standard (RFS)
                                    Orders/Action
                                    • 6/6/2019

                                      EPA finalizes rule allowing year-round E15 sales.

                                    • 5/23/2019

                                      OMB-OIRA regulatory agenda projects EPA finalization of rule allowing year-round E15 sales in June 2019.

                                    • 3/21/2019

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

                                    more
                                    Most Recent Action
                                    Agency
                                    Litigation (if any)
                                      Notes/Info/Chamber Statements
                                      Topic
                                      Air Regulations
                                      Issue/Reg
                                      Aircraft GHG emissions
                                      Orders/Action
                                      • 5/23/2019

                                        OMB-OIRA regulatory agenda projects proposed EPA rule addressing GHG emissions from aircraft in September 2019.

                                      Most Recent Action
                                      Agency
                                      EPA
                                      Litigation (if any)
                                        Notes/Info/Chamber Statements
                                        Topic
                                        Permitting / NEPA
                                        Issue/Reg
                                        Rights-of-way
                                        Orders/Action
                                        • 5/23/2019

                                          OMB-OIRA regulatory agenda projects release of proposed Fish and Wildlife Service rule to streamline regulations for permitting rights-of-way in June 2019.

                                        • 10/19/2018

                                          OMB-OIRA fall unified regulatory agenda projects February 2019 release of proposed Fish and Wildlife Service rule to streamline regulations for permitting rights-of-way.

                                        Most Recent Action
                                        Agency
                                        Interior
                                        Litigation (if any)
                                          Notes/Info/Chamber Statements
                                          Topic
                                          Water Regulations / Fracking
                                          Issue/Reg
                                          CWA Section 404(c)
                                          Orders/Action
                                          • 5/23/2019

                                            OMB-OIRA regulatory agenda projects proposed rule modifying CWA 404(g) regulations in March 2020.

                                          • 8/7/2018

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

                                            (Agency press release)

                                          Most Recent Action
                                          Agency
                                          Army Corps
                                          Litigation (if any)
                                            Notes/Info/Chamber Statements
                                            Topic
                                            Water Regulations / Fracking
                                            Issue/Reg
                                            CWA Section 404(c)
                                            Orders/Action
                                            • 5/23/2019

                                              OMB-OIRA regulatory agenda projects proposed rule modifying CWA Section 404(c) review processes in November 2019.

                                            • 10/19/2018

                                              OMB-OIRA fall regulatory agenda projects proposed rule modifying CWA 404(c) water permitting regulations in June 2019.

                                            • 6/27/2018

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

                                            more
                                            Most Recent Action
                                            Agency
                                            EPA
                                            Litigation (if any)
                                              Notes/Info/Chamber Statements
                                              Topic
                                              Regulatory Reform
                                              Issue/Reg
                                              Cost and Benefits
                                              Orders/Action
                                              • 5/23/2019

                                                OMB-OIRA regulatory agenda projects proposal reforming CAA cost-benefit processes in December 2019.

                                              • 5/13/2019

                                                EPA Administrator Wheeler issues memo initiating effort to address “inconsistencies in treatment of benefits and costs as part of regulatory decision-making.”

                                              • 7/3/2018

                                                EPA extends comment period deadline for cost-benefit ANPR to 8/13/18.

                                              • 6/13/2018

                                                EPA issues advanced notice of proposed rulemaking seeking feedback on potential reforms cost-benefit analyses and related processes. (Comment docket)

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

                                                8/13/18: Chamber comments on EPA cost-benefit ANPR.

                                                Topic
                                                Air Regulations
                                                Issue/Reg
                                                NAAQS
                                                Orders/Action
                                                • 5/23/2019

                                                  OMB-OIRA regulatory agenda projects release of ozone NAAQS proposed rulemaking in March 2020.

                                                • 3/9/2018

                                                  EPA proposes withdrawal of “control technique guidelines” (CTGs) related to recommendations to states for controlling VOCs from existing oil and gas facilities in ozone nonattainment areas and the ozone transport region.

                                                  (Comment docket)

                                                Most Recent Action
                                                Agency
                                                EPA
                                                Litigation (if any)
                                                  Notes/Info/Chamber Statements
                                                  Topic
                                                  Water Regulations / Fracking
                                                  Issue/Reg
                                                  Coal Combustion Residuals
                                                  Orders/Action
                                                  • 5/23/2019

                                                    OMB-OIRA regulatory agenda projects EPA proposal revising federal coal combustion residuals permitting process in July 2019.

                                                  • 7/30/2018

                                                    EPA finalizes revisions to 2015 coal combustion residuals (CCR) rulemaking. 

                                                  • 6/18/2018

                                                    EPA announces approval of Oklahoma permit program for managing coal combustion residuals--the first state permit of its kind.

                                                  • 5/9/2018

                                                    OMB-OIRA semiannual unified regulatory agenda projects NPRM addressing CCR modifications in September 2018.

                                                  • 3/1/2018

                                                    EPA proposes amendments to Phase I of 2015 CCR regulations.

                                                    (Comment docket)

                                                  • 9/14/2017

                                                    EPA announces that it plans to reconsider certain provisions of 2015 coal combustion residuals (coal ash) regulations.

                                                  • 8/15/2017

                                                    EPA releases interim final guidance for development of state coal combustion residual permitting programs; opens 30 day comment period.

                                                    (News Summary)

                                                  • 5/12/2017

                                                    Petition filed with EPA for review of Coal Ash rule by Utility Solid Waste Activities Group.

                                                  more
                                                  Most Recent Action
                                                  Agency
                                                  EPA
                                                  Litigation (if any)
                                                  • 9/27/2017

                                                    Court reschedules oral argument to 11/20/17.

                                                  • 9/18/2017

                                                    Government files motion to hold case in abeyance pending EPA reconsideration of the rule.

                                                  • 8/3/2017

                                                    Order filed scheduling oral arguments for October 17.

                                                  • 7/5/2015

                                                    Industry petitioners file for review of EPA’s final “Hazardous and Solid Waste Management System; Disposal of coal Combustion Residuals from Electric Utilities” final rule.

                                                  • 11/13/2017

                                                    Environmental Petitioners and Intervenors file opposition to motion for voluntary remand.

                                                  • 11/7/2017

                                                    Petitioner files motion for voluntary remand.

                                                  • 11/20/2017

                                                    Oral argument held.

                                                  • 11/15/2017

                                                    EPA files its status report setting forth provisions of the Final Rule that are or are likely to be reconsidered by the Agency.

                                                  • 10/15/2018

                                                    Court issues mandate ordering 8/21/2018 decision:

                                                    1) denying EPA’s abeyance motion, 2) partially granting EPA’s remand motion, 3) partially granting Environmental petition and 4) denying Industry petition.

                                                  • 10/22/2018

                                                    Environmental petitioners file suit in D.C. Circuit challenging EPA’s revisions to 2015 coal combustion residuals rulemaking.

                                                  • 1/31/2019

                                                    EPA files response to petitioners request for stay or summary vacatur of 7/30/18 CCR revisions.

                                                  more
                                                  Notes/Info/Chamber Statements

                                                  Case: Util. Solid Waste Activities Grp. v. EPA, No. 15-1219 (D.C. Cir.).

                                                  Topic
                                                  Permitting / NEPA
                                                  Issue/Reg
                                                  National Environmental Policy Act (NEPA)
                                                  Orders/Action
                                                  • 5/23/2019

                                                    OMB-OIRA regulatory agenda projects CEQ proposal updating NEPA regulations in June 2019.

                                                  • 10/19/2018

                                                    OMB-OIRA fall unified regulatory agenda projects release of proposed rule updating NEPA regulations in February 2019.

                                                  • 7/11/2018

                                                    CEQ extends comment deadline for ANPRM regarding updates to NEPA regulations to 8/20/18.

                                                  • 6/10/2018

                                                    Council on Environmental Quality (CEQ) published an advance notice of proposed rulemaking (ANPRM) titled “Update to theRegulations for Implementing the Procedural Provisions of the National Environmental Policy Act.” The CEQ is extending the comment period on the ANPRM, which was scheduled to close on July 20, 2018, for 31 days until August 20, 2018. The CEQ is making this change in response to public requests for an extension of the comment period.

                                                    (Comment docket)

                                                  • 10/24/2017

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

                                                  • 3/28/2017

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

                                                  more
                                                  Most Recent Action
                                                  Agency
                                                  Potus, Interior, CEQ
                                                  Litigation (if any)
                                                    Topic
                                                    Air Regulations
                                                    Issue/Reg
                                                    Risk Management Program
                                                    Orders/Action
                                                    • 5/23/2019

                                                      OMB-OIRA regulatory agenda projects finalization of rule amending EPA Risk Management Program in August 2019.

                                                    • 12/3/2018

                                                      EPA announces that amendments to Risk Management Program put forward in a final rule published in the Federal Register on 1/13/17 are now in effect.

                                                    • 5/30/2018

                                                      EPA issues proposed rule amending RIsk Management Program.

                                                      (Agency fact sheet)

                                                      (Comment docket)

                                                    • 6/14/2017

                                                      Administrator Pruitt signs directive delaying implementation of the Obama Administration’s January 5, 2017, Risk Management Plan amendments for 20 months while the agency reviews petitions for reconsideration against the rule brought by states and industry.

                                                      (News Summary)

                                                      (Federal Register notice)

                                                    more
                                                    Most Recent Action
                                                    Agency
                                                    EPA
                                                    Litigation (if any)
                                                    • 9/26/2017

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

                                                    • 8/30/2017

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

                                                    • 6/15/2017

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

                                                    • 10/25/2017

                                                      State and Industry petitioners file their respective briefs.

                                                    • 12/8/2017

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

                                                    • 11/3/2017

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

                                                    • 11/1/2017

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

                                                    • 12/22/2017

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

                                                    • 1/31/2018

                                                      Industry intervenors file their final reply brief.

                                                    • 1/31/2018

                                                      Industry intervenors file their final brief.

                                                    • 1/31/2018

                                                      State intervenors file their final brief.

                                                       

                                                    • 1/30/2018

                                                      State petitioners file their final reply brief.

                                                    • 1/30/2018

                                                      State petitioners file their final opening brief.

                                                       

                                                    • 1/19/2018

                                                      State and industry intervenors file their reply proof briefs.

                                                    • 3/16/2018

                                                      Oral arguments held.

                                                    • 4/16/2018

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

                                                    • 4/6/2018

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

                                                    • 3/23/2018

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

                                                    • 12/8/2017

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

                                                    • 11/3/2017

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

                                                    • 11/1/2017

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

                                                    • 10/25/2017

                                                      State and Industry petitioners file their respective briefs.

                                                    • 9/26/2017

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

                                                    • 8/30/2017

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

                                                    • 6/15/2017

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

                                                    • 9/4/2018

                                                      Court orders a return of the August mandate

                                                    • 8/24/2018

                                                      Enviro petitioners file motion for expedited issuance of mandate.  

                                                    • 8/17/2018

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

                                                    more
                                                    Notes/Info/Chamber Statements

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

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

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

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

                                                    Topic
                                                    Land Management / Leasing
                                                    Issue/Reg
                                                    Coal Leasing
                                                    Orders/Action
                                                    • 5/22/2019

                                                      BLM issues draft environmental assessment report evaluating the potential impacts of its decision to lift a moratorium on coal leasing of public lands.

                                                    • 3/29/2017

                                                      Secretary Zinke formally re-opens coal leasing by signing Secretarial Order 3348.

                                                    • 3/28/2017

                                                      Section 6 of Executive Order 13783 directs the Department of Interior to rescind the Obama Administration’s prohibition on coal leasing on federal lands.

                                                    more
                                                    Most Recent Action
                                                    Agency
                                                    Potus, Interior
                                                    Litigation (if any)
                                                    • 2/2/2018

                                                      Appellant environmental groups file their reply brief.

                                                    • 1/31/2018

                                                      Appellee BLM files its final brief.

                                                    • 12/6/2017

                                                      Appellee State of Wyoming files its brief.

                                                    • 11/7/2017

                                                      Appellee BLM files its initial brief.

                                                    • 9/15/2017

                                                      Appellant environmental groups file their initial brief.

                                                    • 3/23/2018

                                                      Oral argument held.

                                                    • 6/19/2018

                                                      Court issues opinion/order affirming lower court’s judgment that the Department of Interior is not obligated to update its federal coal management program analysis under NEPA to include climate change impacts.

                                                    • 4/19/2019

                                                      Montana District Court rules that 2017 Department of Interior order repealing federal moratorium of coal leasing on public lands violated NEPA. (News summary)

                                                    more
                                                    Notes/Info/Chamber Statements

                                                    Case: Western Org. Resources Council v. Zinke, No. 15-5294 (D.C. Cir.)

                                                    U.S. Chamber statement in response to President Obama’s coal leasing moratorium.

                                                    Topic
                                                    Electricity
                                                    Issue/Reg
                                                    Storage
                                                    Orders/Action
                                                    • 5/16/2019

                                                      FERC rejects request to let states opt-out of Order 841, which lets distribution-connected storage participate in wholesale markets.

                                                    • 2/15/2018

                                                      FERC finalizes rule to remove barriers to the use of electric storage resources in wholesale electric markets.

                                                       

                                                      (Agency press release)

                                                    • 11/30/2016

                                                      FERC proposes rulemaking aimed at removing barriers to the use of electric storage resources in wholesale elcectric markets. 

                                                       

                                                      (Docket: RM1623)

                                                    more
                                                    Most Recent Action
                                                    Agency
                                                    FERC
                                                    Litigation (if any)
                                                      Notes/Info/Chamber Statements
                                                      Topic
                                                      Vehicles / Fuels
                                                      Issue/Reg
                                                      Heavy duty truck mileage standards
                                                      Orders/Action
                                                      • 7/26/2018

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

                                                      • 7/6/2018

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

                                                      • 11/9/2017

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

                                                        (News Summary)

                                                      • 8/17/2017

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

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                                                      Most Recent Action
                                                      Agency
                                                      EPA
                                                      Litigation (if any)
                                                      • 10/4/2017

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

                                                      • 8/21/2017

                                                        Cases to remain in abeyance pending further order.

                                                      • 5/8/2017

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

                                                      • 12/22/2016

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

                                                      • 10/27/2017

                                                        Court grants motion for stay, continuing abeyance.

                                                      • 10/12/2017

                                                        State Intervenors file their opposition to motion for stay.

                                                      • 10/12/2017

                                                        Environmental Intervenors file their opposition to motion for stay.

                                                      • 1/22/2018

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

                                                      • 4/25/2018

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

                                                      • 10/12/2017

                                                        Trailer petitioner files motion for stay.

                                                      • 8/17/2018

                                                        Petitioners file their reply in support of motion to compel.

                                                      • 7/16/2018

                                                        EPA responds to petitioners’ motion to compel.

                                                         

                                                      • 8/6/2018

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

                                                      • 9/24/2018

                                                        Petitioners file notice of withdrawal of their motion to compel EPA to submit detailed status report.

                                                      • 10/22/2018

                                                        EPA submits its status report stating it is developing a proposed rule to revisit the trailer provisions of the Rule that is the subject of this litigation (Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium and Heavy Duty Engines and Vehicles – Phase 2, 10/25/16).  

                                                      • 2/8/2019

                                                        EPA submits status report stating that it plans to meet with Trailer Petitioners to continue discussions regarding the Rule. 

                                                      • 5/9/2019

                                                        EPA submits its status report stating that it continues to assess next steps in the administrative process. 

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                                                      Notes/Info/Chamber Statements

                                                      Abeyance granted through approx. July 20.

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