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
EPA Year-round E15 (FR Notice) 3/21/19 - 4/29/19 (Comment docket)
FERC Electric Transmission Incentives (FR Notice) 3/28/19 - 6/26/19 (FERC docket PL19-3-000)
EPA CWA Section 401 Pre-proposal recommendations (EPA Notice) 4/15/19 - 6/10/19 (Comment docket)
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)

The Tracker is updated regularly. This edition is updated through July 16, 2019.

  • Notable Developments Over the Last Month

  • 7/16/19: DOE approves petition requesting establishment of a new class of short cycle dishwashers. (Comment docket)

  • 7/12/19: NHTSA finalizes rulemaking to reduce financial penalty rates for automakers that fall short of CAFE requirements.

  • 7/12/19: EPA sends proposed rule clarifying state certification procedures under CWA Section 401 to OMB for review.

  • 7/8/19: EPA finalizes Affordable Clean Energy (ACE) rule, as well as the repeal of the Clean Power Plan.

  • 7/5/19: EPA proposes RFS renewable volume obligations (RVO) for 2020.

  • 7/3/19: DOE sends final rule modifying energy efficiency standards for general service light bulbs to OMB for review.

  • 6/25/19: 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

  • 6/25/19: White House Council on Environmental Quality releases draft guidance addressing incorporation of greenhouse gas considerations in agency NEPA reviews. (Comment docket)

  • 6/20/19: FERC approves order expanding the reporting requirements for grid-related cyber security incidents.

  • 6/11/19: Environmental groups petition Northern California district court to invalidate Interior Department's recently finailzed reforms well control and blowout preventer rule. 

  • 6/10/19: EPA sends proposal modifying methane new source performance standards to OMB for review.

  • 6/7/19: EPA issues guidance to clarify and streamline permitting processes under Section 401 of the Clean Water Act

  • 6/6/19: EPA finalizes rule allowing year-round E15 sales.

  • 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, 12 reforms formally proposed, and 45 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 Regional Haze
  • 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.”

EPA
    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
      Endangered Species Act General
      • 5/23/2019

        OMB-OIRA regulatory agenda projects Department of Interior finalization of three related Endangered Species Act reforms in May 2019.

      • 7/20/2018

        U.S. Fish and Wildlife Services (FWS) and the National Marine Fisheries Service (NMFS) propose revisions to ESA regulations regarding 1) listing and critical habitat (FR Notice; comment docket), 2) protective regulations (FR Notice; comment docket), and 3) interagency cooperation (FR Notice; comment docket).

      Interior, Commerce

        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

        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 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
              • 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.)

              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.)

                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
                Potus, EPA
                • 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.)

                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.)

                  Permitting / NEPA LNG Permitting
                  • 5/2/2019

                    DOE Secretary Perry signs orders authorizing export of LNG from the Driftwood and Port Arthur terminals.

                  • 3/18/2019

                    FERC approves final EIS for Driftwood and Port Arthur LNG terminals and pipelines.

                  Energy, FERC
                    Tax Carbon Capture
                    • 5/2/2019

                      IRS requests comment on proposed revisions to “45Q” tax credit guidelines pertaining to carbon capture and sequestration activities.

                    • 2/9/2018

                      Section 41119: Enhancement of Carbon Dioxide Sequestration Credit. Section 45Q provides a credit for carbon dioxide (CO2) sequestration and is available to taxpayers that capture qualified CO2 at a qualified facility – such as a coal power plant or manufacturing facility – and dispose of the CO2 in secure geological storage or use it as an injectant in an enhanced oil or natural gas recovery project. The provision amends Section 45Q by: allowing facilities that have commenced construction within 7 years of enactment to qualify; allowing qualified taxpayers to claim the credit for 12 years; expanding the credit to include CO2 disposed of through utilization in another end product; and increasing the credit amounts for geologic storage and enhanced oil recovery.

                       

                    Treasury
                      Air Regulations Regional Haze
                      • 11/30/2018

                        EPA announces its proposed approval of key portions of Arkansas’ Regional Haze plan and withdrawal of corresponding federal haze plan provisions. 

                      • 2/12/2018

                        EPA announces final withdrawal of federal implementation plan, and approval of revised regional haze state implementation plan for Arkansas.

                      • 9/11/2017

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

                      • 7/13/2017

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

                      more
                      EPA
                      • 7/31/2017

                        Eighth Circuit grants a 2-month abeyance regarding Arkansas Regional Haze Federal Implementation Plan (FIP) in response to Arkansas/EPA request. Abeyance granted through 9/26/17. 

                      • 11/23/2016

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

                      • 11/1/2017

                        Eighth Circuit grants additional abeyance of case through 12/15/17

                      • 1/11/2018

                        Entergy files motion to stay EPA’s final rule.

                      • 1/11/2018

                        Environmental groups file their amended response to State of Arkansas’s stay motion.

                      • 1/10/2018

                        EPA files its response to State of Arkansas’s motion for stay of final rule.

                      • 1/4/2018

                        Court grants EPA’s motion to hold petitions in abeyance for 90 days against opposition by Entergy and Environmental Groups.

                      • 1/2/2018

                        Environmental groups file their response to Entergy’s opposition.

                      • 12/29/2017

                        EPA files reply in support of motion to hold litigation in abeyance.

                      • 12/26/2017

                        Environmental groups file their opposition to State of Arkansas’s stay motion.

                         

                      • 2/1/2018

                        Entergy files its reply in support of its motion to stay.

                      • 1/25/2018

                        Environmental groups file their response to Entergy’s motion to stay.

                      • 1/22/2018

                        EPA files its response to Entergy’s motion to stay.

                      • 6/6/2018

                        Court enters order holding case in abeyance for 90 days. Parties must provide a status report at the end of the 90-day period.

                      • 4/4/2018

                        EPA and Arkansas file Joint Status Report regarding FIP for Arkansas regional haze program. EPA and Arkansas propose to replace NOx and SO2 emission limits to selected facilities.

                      • 3/7/2018

                        Eighth Circuit grants Entergy motion to stay to EPA final rule.

                      • 2/21/2018

                        Entergy requests that in light of EPA’s recent actions, no decision needs to be reached regarding NOx element in their motion to stay.  

                      • 2/12/2018

                        EPA notifies Eighth Circuit on its actions in withdrawing portions of FIP regarding NOx requirements.

                      • 2/12/2018

                        National Parks and Sierra Club advise Eighth Circuit of recent EPA actions (withdrawing portions of FIP regarding NOx) affecting Entergy stay motion from NOx requirements.

                      • 12/22/2017

                        Entergy files opposition to EPA’s motion to hold litigation in abeyance.

                      • 12/20/2017

                        Environmental groups file motion to hold the rule in abeyance or alternatively motion for a stay of rule order to extend the response deadline.

                      • 7/13/2018

                        Court denies environmental petitioners’ motion to lift abeyance.

                      • 9/13/2018

                        Court enters order holding case in abeyance. Parties ordered to file status reports by Dec. 13, 2018.

                      • 1/10/2019

                        Court enters order holding case in abeyance. Parties ordered to file status reports by Apr. 10, 2019.

                      • 5/1/2019

                        Court enters order holding case in abeyance. Parties ordered to file status reports by Aug. 1, 2019

                      more

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

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

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

                      Air Regulations Startup, Shutdown, Malfunction (SSM)
                      • 4/29/2019

                        EPA Region 6 proposes revisions to Texas’ Startup, Shutdown, or Malfunction (SSM) implementation plan. (Comment docket)

                      EPA
                        Land Management / Leasing Monuments
                        • 8/31/2018

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

                          (Comment docket)

                        • 8/30/2018

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

                        • 8/17/2018

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

                        • 3/9/2018

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

                        more
                        Interior
                        • 4/23/2019

                          Environmental petitioners file suit in Utah District Court challenging oil and gas leases on the Bears Ears, Canyons of the Ancients, and Hovenweep National Monuments.

                        Case Southern Utah Wilderness Alliance v. Bernhardt, No. 2:19-cv-00266-RJS 

                        Renewables/Energy Efficiency Hydro
                        • 4/18/2019

                           FERC finalizes expedited licensing process for hydroelectric facilities.

                          Topic
                          Air Regulations
                          Issue/Reg
                          Regional Haze
                          Orders/Action
                          • 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.”

                          Most Recent Action
                          Agency
                          EPA
                          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
                              Endangered Species Act
                              Issue/Reg
                              General
                              Orders/Action
                              • 5/23/2019

                                OMB-OIRA regulatory agenda projects Department of Interior finalization of three related Endangered Species Act reforms in May 2019.

                              • 7/20/2018

                                U.S. Fish and Wildlife Services (FWS) and the National Marine Fisheries Service (NMFS) propose revisions to ESA regulations regarding 1) listing and critical habitat (FR Notice; comment docket), 2) protective regulations (FR Notice; comment docket), and 3) interagency cooperation (FR Notice; comment docket).

                              Most Recent Action
                              Agency
                              Interior, Commerce
                              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
                                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
                                      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)
                                      • 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
                                      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
                                        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
                                        Potus, EPA
                                        Litigation (if any)
                                        • 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
                                        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.

                                          more
                                          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. 

                                          more
                                          Notes/Info/Chamber Statements

                                          Abeyance granted through approx. July 20.

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

                                          Topic
                                          Permitting / NEPA
                                          Issue/Reg
                                          LNG Permitting
                                          Orders/Action
                                          • 5/2/2019

                                            DOE Secretary Perry signs orders authorizing export of LNG from the Driftwood and Port Arthur terminals.

                                          • 3/18/2019

                                            FERC approves final EIS for Driftwood and Port Arthur LNG terminals and pipelines.

                                          Most Recent Action
                                          Agency
                                          Energy, FERC
                                          Litigation (if any)
                                            Notes/Info/Chamber Statements
                                            Topic
                                            Tax
                                            Issue/Reg
                                            Carbon Capture
                                            Orders/Action
                                            • 5/2/2019

                                              IRS requests comment on proposed revisions to “45Q” tax credit guidelines pertaining to carbon capture and sequestration activities.

                                            • 2/9/2018

                                              Section 41119: Enhancement of Carbon Dioxide Sequestration Credit. Section 45Q provides a credit for carbon dioxide (CO2) sequestration and is available to taxpayers that capture qualified CO2 at a qualified facility – such as a coal power plant or manufacturing facility – and dispose of the CO2 in secure geological storage or use it as an injectant in an enhanced oil or natural gas recovery project. The provision amends Section 45Q by: allowing facilities that have commenced construction within 7 years of enactment to qualify; allowing qualified taxpayers to claim the credit for 12 years; expanding the credit to include CO2 disposed of through utilization in another end product; and increasing the credit amounts for geologic storage and enhanced oil recovery.

                                               

                                            Most Recent Action
                                            Agency
                                            Treasury
                                            Litigation (if any)
                                              Notes/Info/Chamber Statements
                                              Topic
                                              Air Regulations
                                              Issue/Reg
                                              Regional Haze
                                              Orders/Action
                                              • 11/30/2018

                                                EPA announces its proposed approval of key portions of Arkansas’ Regional Haze plan and withdrawal of corresponding federal haze plan provisions. 

                                              • 2/12/2018

                                                EPA announces final withdrawal of federal implementation plan, and approval of revised regional haze state implementation plan for Arkansas.

                                              • 9/11/2017

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

                                              • 7/13/2017

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

                                              more
                                              Most Recent Action
                                              Agency
                                              EPA
                                              Litigation (if any)
                                              • 7/31/2017

                                                Eighth Circuit grants a 2-month abeyance regarding Arkansas Regional Haze Federal Implementation Plan (FIP) in response to Arkansas/EPA request. Abeyance granted through 9/26/17. 

                                              • 11/23/2016

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

                                              • 11/1/2017

                                                Eighth Circuit grants additional abeyance of case through 12/15/17

                                              • 1/11/2018

                                                Entergy files motion to stay EPA’s final rule.

                                              • 1/11/2018

                                                Environmental groups file their amended response to State of Arkansas’s stay motion.

                                              • 1/10/2018

                                                EPA files its response to State of Arkansas’s motion for stay of final rule.

                                              • 1/4/2018

                                                Court grants EPA’s motion to hold petitions in abeyance for 90 days against opposition by Entergy and Environmental Groups.

                                              • 1/2/2018

                                                Environmental groups file their response to Entergy’s opposition.

                                              • 12/29/2017

                                                EPA files reply in support of motion to hold litigation in abeyance.

                                              • 12/26/2017

                                                Environmental groups file their opposition to State of Arkansas’s stay motion.

                                                 

                                              • 2/1/2018

                                                Entergy files its reply in support of its motion to stay.

                                              • 1/25/2018

                                                Environmental groups file their response to Entergy’s motion to stay.

                                              • 1/22/2018

                                                EPA files its response to Entergy’s motion to stay.

                                              • 6/6/2018

                                                Court enters order holding case in abeyance for 90 days. Parties must provide a status report at the end of the 90-day period.

                                              • 4/4/2018

                                                EPA and Arkansas file Joint Status Report regarding FIP for Arkansas regional haze program. EPA and Arkansas propose to replace NOx and SO2 emission limits to selected facilities.

                                              • 3/7/2018

                                                Eighth Circuit grants Entergy motion to stay to EPA final rule.

                                              • 2/21/2018

                                                Entergy requests that in light of EPA’s recent actions, no decision needs to be reached regarding NOx element in their motion to stay.  

                                              • 2/12/2018

                                                EPA notifies Eighth Circuit on its actions in withdrawing portions of FIP regarding NOx requirements.

                                              • 2/12/2018

                                                National Parks and Sierra Club advise Eighth Circuit of recent EPA actions (withdrawing portions of FIP regarding NOx) affecting Entergy stay motion from NOx requirements.

                                              • 12/22/2017

                                                Entergy files opposition to EPA’s motion to hold litigation in abeyance.

                                              • 12/20/2017

                                                Environmental groups file motion to hold the rule in abeyance or alternatively motion for a stay of rule order to extend the response deadline.

                                              • 7/13/2018

                                                Court denies environmental petitioners’ motion to lift abeyance.

                                              • 9/13/2018

                                                Court enters order holding case in abeyance. Parties ordered to file status reports by Dec. 13, 2018.

                                              • 1/10/2019

                                                Court enters order holding case in abeyance. Parties ordered to file status reports by Apr. 10, 2019.

                                              • 5/1/2019

                                                Court enters order holding case in abeyance. Parties ordered to file status reports by Aug. 1, 2019

                                              more
                                              Notes/Info/Chamber Statements

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

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

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

                                              Topic
                                              Air Regulations
                                              Issue/Reg
                                              Startup, Shutdown, Malfunction (SSM)
                                              Orders/Action
                                              • 4/29/2019

                                                EPA Region 6 proposes revisions to Texas’ Startup, Shutdown, or Malfunction (SSM) implementation plan. (Comment docket)

                                              Most Recent Action
                                              Agency
                                              EPA
                                              Litigation (if any)
                                                Notes/Info/Chamber Statements
                                                Topic
                                                Land Management / Leasing
                                                Issue/Reg
                                                Monuments
                                                Orders/Action
                                                • 8/31/2018

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

                                                  (Comment docket)

                                                • 8/30/2018

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

                                                • 8/17/2018

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

                                                • 3/9/2018

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

                                                more
                                                Most Recent Action
                                                Agency
                                                Interior
                                                Litigation (if any)
                                                • 4/23/2019

                                                  Environmental petitioners file suit in Utah District Court challenging oil and gas leases on the Bears Ears, Canyons of the Ancients, and Hovenweep National Monuments.

                                                Notes/Info/Chamber Statements

                                                Case Southern Utah Wilderness Alliance v. Bernhardt, No. 2:19-cv-00266-RJS 

                                                Topic
                                                Renewables/Energy Efficiency
                                                Issue/Reg
                                                Hydro
                                                Orders/Action
                                                • 4/18/2019

                                                   FERC finalizes expedited licensing process for hydroelectric facilities.

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