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
Water Regulations / Fracking Other
  • 4/15/2019

    EPA issues interpretative statement regarding “direct hydrologic connection” theory of Clean Water Act (CWA) jurisdiction.

  • 2/20/2018

    EPA requests comment on the Agency's previous statements regarding the Clean Water Act (CWA) and whether pollutant discharges from point sources that reach surface waters via groundwater or other subsurface flow that has a “direct hydrologic connection” to the surface water may be subject to CWA regulation.

EPA

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

    Air Regulations Regional Haze
    • 9/29/2017

      EPA finalizes withdrawal of regional haze FIP for Texas.

    EPA
    • 8/31/2017

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

    • 7/2/2018

      EPA files its status report stating it intends to issue notice of proposed rule making by no later than Aug. 17, 2018.

    • 11/8/2018

      EPA files its status report stating that it is currently reviewing public comments received in response to its publication of proposed BART rulemaking.

    • 2/12/2019

      EPA files its status report stating that it is currently reviewing public comments received in response to its publication of proposed BART rulemaking.

    • 4/15/2019

      EPA files its status report stating that it is currently reviewing public comments received in response to its publication of proposed BART rulemaking.

    more

    GEI blog: How Much Should Nothing Cost?

    Energy Infrastructure Energy Infrastructure
    • 4/10/2019

      President Trump signs Executive Order on energy infrastructure directing numerous actions aimed at enabling “the timely construction of the infrastructure needed to move our energy resources through domestic and international commerce.”

    Potus, EPA, Interior, DOL, DOT
      Energy Infrastructure Energy Infrastructure
      • 4/10/2019

        President Trump signs Executive Order “revising the process for development and issuance of Presidential permits” involving infrastructure permitting at border crossings.

      Potus
        Air Regulations Venting and Flaring
        • 9/28/2018

          BLM finalizes revisions to methane venting and flaring rule.

        • 2/22/2018

          BLM publishes proposed revisions to the Methane and Waste Prevention Rule

          (Agency press release)

          (Comment docket)

        • 2/12/2018

          BLM announces proposal to revise Methane Waste Prevention Rule.

          (Agency press release)

           

        • 12/8/2017

          BLM finalizes proposal to delay implementation of venting and flaring rule until January 2019.

        • 10/5/2017

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

        • 6/15/2017

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

        • 3/28/2017

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

        more
        Potus, Interior
        • 10/4/2017

          U.S. District Court for Northern California invalidates Department of Interior’s administrative stay of BLM methane waste prevention rule. (No. 17-17456)

        • 7/5/2017

          State petitioners file suit against BLM for postponing the compliance date of Waste Prevention, Production Subject to Royalties and Resource Conservation rule. (No. 17-17456)

        • 12/4/2017

          BLM files Notice of Appeal to 9th Circuit. (No. 17-17456)

        • 12/8/2017

          Case docketed before the Court of Appeals for the 9th Circuit.  (No. 17-17456)

        • 3/15/2018

          Ninth Circuit enters order granting BLM’s  motion to dismiss. (No. 17-17456)

        • 3/14/2018

          BLM files voluntary motion to dismiss appeal. (No. 17-17456)

        • 10/30/2018

          Eighteen environmental petitioners file suit in the U.S. District Court for Northern District of California challenging BLM revisions to venting and flaring regulations.

        • 4/9/2019

          Tenth Circuit grants motion to dismiss challenge to 2016 venting and flaring regulation on mootness grounds stemming from BLM’s finalization of revisions.

        more

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

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

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

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

        Energy Financial / Royalties Waste Prevention Rule
        • 11/18/2016

          BLM issues final rule promulgating new regulations to reduce waste of natural gas from venting, flaring and leaks during oil and gas production activities.

        Interior
        • 12/19/2017

          States file complaint against BLM (No. 17-7186).

        • 12/1/2017

          Environmental groups file complaint against BLM (No. 17-7187).

        • 3/9/2018

          BLM files answer to complaint (Case. No. 17-7186).

        • 2/22/2018

          Court enters order denying BLM’s motion to transfer venue and granting preliminary injunction (No. 17-7186).

        • 2/26/2018

          Court enters order granting Trade Associations’ motion to intervene (No. 17-7187).

           

        • 5/29/2018

          Intervenors Western Energy Alliance and Independent Petroleum Association of America file their Answer to complaint. (No. 17-7187).

        • 5/29/2018

          Intervenor API files its Answer to complaint. (No.17-7186).

        • 4/23/2018

          Defendants appeal Ninth Circuit district order denying motion to transfer venue and granting preliminary injunction. (No. 17-7186).

        • 10/22/2018

          Pursuant to the parties’ administrative motion, the court enters order holding the two litigations in abeyance pending expiration of the Suspension Rule on Jan. 17, 2019.

        • 3/29/2019

          Court enters order granting the parties’ joint stipulation of voluntary dismissal. 

        more

        Consolidated cases:

        California v. BLM, No. 17-7186 (N.D. CA). [CASE CLOSED]

        Sierra Club v. BLM, No. 17-7187 (N.D. CA). [CASE CLOSED]

        Endangered Species Act Sage Grouse
        • 3/20/2019

          BLM announces final record of decision and approved resource management plan amendments for sage grouse conservation in Oregon, Wyoming, Idaho, Colorado, Utah, and NE California.

        • 1/9/2019

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

        • 12/10/2018

          BLM announces final Environmental Impact Statement (EIS) and proposed plan amendments addressing Greater Sage-Grouse conservation on public land in Oregon, Colorado, Idaho, Utah, Nevada/Northeastern California, and Wyoming.

           

        • 10/5/2018

          USDA Forest Service publishes draft management plans for its Intermountain and Rocky Mountain regions. (Comment docket)

        • 5/4/2018

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

        • 1/3/2018

          BLM issues Sage Grouse Scoping Report.

        • 12/27/2017

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

        • 10/11/2017

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

          (News Summary)

        • 8/7/2017

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

        • 6/7/2017

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

        more
        Interior
        • 2/14/2019

          Coalition of environmental groups file notice of intent to sue Interior Department and Fish and Wildlife Service regarding decisions pertaining to sage grouse protections under the Endangered Species Act.

        • 3/27/2019

          Environmental groups file suit in Idaho District Court challenging BLM sage grouse management plans. (News summary)

        Nuclear Energy Loan Guarantees
        • 3/22/2019

          Secretary Perry announces financial close of $3.7 billion loan guarantee to finance the continued construction of nuclear plant units in Georgia (Vogtle Units 3 and 4). 

        Energy
          Permitting / NEPA LNG Permitting
          • 3/22/2019

            FERC approves final EIS for Texas LNG export terminal.

            Land Management / Leasing Monuments
            Potus, Interior
            • 12/4/2017

              Environmental groups file a lawsuit challenging the President’s proclamation.

               

            • 1/4/2018

              Plaintiffs file their notice of consent for consolidation of cases.

            • 1/20/2018

              Plaintiffs file motion for partial summary judgment.

            • 2/15/2018

              Defendants file their reply supporting motion to transfer the case. (No.17-2587).

            • 2/1/2018

               Plaintiffs file their opposition to federal defendants’ motion to transfer case.

            • 1/18/2018

              Federal defendants file their motion to transfer case to district of Utah.

            • 2/15/2018

              District court grants defendant’s motion to consolidate No. 17-cv-2591 with No. 17-cv-02587 for administrative purposes.
               

            • 2/1/2018

              Plaintiffs file in opposition to federal defendants’ motion to transfer case to district of Utah.

            • 12/12/2018

              Federal Defendants file their reply in support of their motion to dismiss. (17-2587)

            • 11/15/2018

              Environmental groups file their response to DOJ’s motion to dismiss. (17-2587).

            • 10/1/2018

              Federal Defendants file their motion to dismiss. (No. 17-2587).

            • 2/15/2019

              Federal defendants file their motion to dismiss. (Case No. 17-2591)

            • 3/22/2019

              Court enters minute order denying plaintiffs’ motion for partial summary judgment. (No. 17-2591)

            • 3/20/2019

              Environmental groups, members of congress and other professional groups file amicus briefs. (No. 17-2587)

            more

            Case: Grand Staircase Escalante Partners v. Trump, No. 17-cv-2591 (D.D.C.)


            Wilderness Society v. Trump, No. 17-cv-02587 (D.D.C)

             

            Regulatory Reform Regulatory Reform
            • 9/7/2017

              Pursuant to EO 13771, OMB-OIRA issues memorandum directing agencies to propose a net reduction in regulatory costs for FY 2018.

            • 1/30/2017

              Executive Order 13771 directing the repeal of two existing regulations for each new regulation that is proposed.

            Potus, OMB
            • 1/4/2018

              Defendants file response to plaintiffs’ supplemental memorandum.

               

            • 8/21/2017

              Plaintiffs file supplemental memorandum in support of Motion for Summary Judgment.

            • 8/10/2017

              Oral arguments held before the court.

            • 2/8/2017

              Environmental groups file for declaratory and injunctive relief on the basis that the Executive Order forces agencies to violate their statutory mandates to consider rule benefits and to follow certain rule promulgation procedures.

            • 4/2/2018

              Plaintiffs file motion for leave to file Second Amended Complaint.

            • 6/4/2018

              Plaintiffs move for partial summary judgment on the issue of standing.

            • 6/4/2018

              State of California and Oregon file motion to intervene as party plaintiffs.

            • 6/4/2018

              Plaintiffs submits a memorandum supporting motion for partial summary judgement and in opposition to defendant’s motion to dismiss. 

            • 5/14/2018

              Defendants file motion to dismiss.

            • 2/26/2018

              Court grants the government’s motion to dismiss for lack of jurisdiction.

            • 7/16/2018

              Plaintiffs file their reply in support of motion for summary judgment.

            • 7/14/2018

              Federal defendants file their opposition to State of California and Oregon’s motion to intervene.

            • 6/25/2018

              Federal defendants file their reply in support of their motion to dismiss and file their opposition to plaintiffs’ motion for summary judgment.

            • 7/19/2018

              Intervenors file their reply memorandum in support of motion to intervene.

            • 2/8/2019

              Court issues order denying federal defendants’ motion to dismiss and granting a motion for judicial notice of various public statements. 

            • 3/22/2019

              Federal defendants file their answer to amended complaint. 

            more

            Case: Pub. Citizen, Inc. v. Trump, No. 17-cv-00253 (D.D.C.)

            Electricity Transmission
            • 3/21/2019

              FERC opens Notice of Inquiry seeking comment on the scope and implementation of its electric transmission incentives aimed at ensuring reliability and reducing the cost of delivered power by reducing transmission congestion.

            FERC
              Air Regulations New Source Review
              • 3/21/2019

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

              • 10/19/2018

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

              • 7/6/2018

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

              • 5/9/2018

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

              • 4/30/2018

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

              • 3/13/2018

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

              • 12/7/2017

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

              more
              EPA

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

                Permitting / NEPA Pipelines
                FERC
                • 3/19/2019

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

                Permitting / NEPA LNG Permitting
                • 3/5/2019

                  DOE authorizes LNG exports from Calcasieu Pass (LA) export terminal.

                • 2/21/2019

                  FERC grants authorization for Calcasieu Pass LNG export terminal.

                Energy, FERC

                  3/6/19: Status of DOE LNG export applications.

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

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

                  Interior
                  • 12/6/2018

                    Alaska district court judge dismisses lawsuits challenging lease sales in NPR-A. (News summary)

                  • 2/2/2018

                    Environmental petitioners file lawsuits challenging lease sales in NPR-A. (News summary)

                  • 3/1/2019

                    Alaska Native village and environmental groups file suit in Alaska district court challenging Department of Interior’s approval of exploratory drilling in the National Petroleum Reserve-Alaska.

                  more
                  Air Regulations NAAQS
                  EPA
                    Land Management / Leasing Outer Continental Shelf (OCD) Oil and Gas Leasing
                    • 12/7/2018

                      National Oceanic and Atmospheric Administration announces issuance of marine mammal incidental harassment authorizations (IHA) related to the use of air gun arrays in search for oil and gas deposits in the waters off the U.S. East Coast.

                    Commerce
                    • 1/18/2019

                      South Carolina District Court blocks Department of Interior from issuing permits for offshore seismic testing associated with oil and gas exploration.

                      (News summary)

                    • 1/28/2019

                      State of South Carolina, along with several cities, files suit in District Court to block NMFS issuance of incidental harassment authorizations.

                    • 2/20/2019

                      Coalition of environmental groups file motion requesting preliminary injunction to halt seismic testing in the Atlantic until the District Court is able to resolve the merits of Plaintiffs’ claims.

                    more
                    Permitting / NEPA Pipelines
                    • 10/5/2018

                      Army Corps suspends permits for Mountain Valley Pipeline in response to court decision vacating nationwide permit for the project.

                    • 8/29/2018

                      FERC authorizes construction on Mountain Valley Pipeline to resume after the Bureau of Land Management “confirmed that the route approved by the certificate order collocates with other right-of-ways to the extent practical as required by the Mineral Leasing Act of 1920 and the mandate of the U.S. District Court for the Fourth Circuit.

                    • 10/13/2017

                      FERC grants final approval to Mountain Valley Pipeline.

                      (News Summary)

                    more
                    FERC
                    • 1/8/2018

                      Environmental petitioners file lawsuit against FERC challenging authorization of construction of the Mountain Valley Pipeline.

                    • 2/5/2018

                      WGL Midstream Inc. files its response in support of FERC’s motion to dismiss.  

                    • 2/2/2018

                      Court enters a non-opinion order denying motions for stay.

                    • 1/26/2018

                      Petitioner environmental group files reply in support of its motion for stay.

                    • 1/26/2018

                      FERC files motion to dismiss for lack of jurisdiction.

                    • 1/22/2018

                      Intervenor Mountain Valley Pipeline files its opposition to Petitioner’s motion for stay.

                       

                    • 1/11/2018

                      Petitioner environmental group files motion for stay.

                    • 5/16/2018

                      D.C. Circuit denies motion to hold case in abeyance or defer filing of the certified index.

                    • 7/20/2018

                      Environmental petitioners file a motion to stay FERC’s order.

                    • 7/27/2018

                      Fourth Circuit remands decisions made by U.S. Forest Service and Bureau of Land Management pertaining to rights-of-way for portion of Mountain Valley Pipeline in the Jefferson National Forest. Pipeline construction temporarily halted.

                    • 9/4/2018

                      Petitioners file joint opening brief. 

                    • 8/30/2018

                      Court denies environmental petitioners’ motion to stay and issues revised briefing schedule.

                       

                    • 10/2/2018

                      Fourth Circuit rules that Army Corps improperly approved nationwide permit for Mountain Valley Pipeline.

                    • 11/20/2018

                      Appellee FERC files its brief arguing that it has satisfied all of its statutory responsibilities in approving the Mountain Valley Pipeline project, which involves constructing a new 303 mile-long pipeline providing additional natural gas transportation capacity from West Virginia to Virginia.

                    • 1/22/2019

                      Supreme Court declines to hear challenge to eminent domain lawsuit against Mountain Valley Pipeline. (News summary)

                    • 2/19/2019

                      DC Circuit Court enters per curiam judgment dismissing challenges to the federal government’s approval of the Mountain Valley Pipeline, rejecting on the merits claims under the Takings Clause, due process, and the National Historic Preservation and Natural Gas acts. (News summary).

                    more

                    Case: Appalachian Voices v. FERC, No. CP16-10-000

                    Land Management / Leasing Oil and Gas Leasing
                    • 2/13/2019

                      BOEM schedules Lease Sale 252 for March 20, 2019. The sale will include 78 million acres in the Gulf of Mexico. (Press release)

                    • 5/1/2018

                      DOI issues Order No. 3351 establishing the position of Counselor to the Secretary for Energy Policy. The new position is responsible for developing strategies and policies promoting energy. 

                    • 3/21/2018

                      BOEM announces results of Lease Sale 250.

                    • 2/16/2018

                      BOEM schedules Lease Sale 250 for March 21, 2018. The sale will include all available unleased areas in the Gulf of Mexico and will be the largest lease sale in U.S. history.

                      (Interior press release)

                    • 10/24/2017

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

                    • 5/1/2017

                      Department of the Interior (DOI) issues Order No. 3350 implementing Executive Order 13795 – Implementing an America-First Offshore Energy Strategy. The Order grants authority to BOEM in development of a new “Five-Year Outer Continental Shelf Oil and Gas Leasing Program.”

                    more
                    Interior

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

                      Topic
                      Water Regulations / Fracking
                      Issue/Reg
                      Other
                      Orders/Action
                      • 4/15/2019

                        EPA issues interpretative statement regarding “direct hydrologic connection” theory of Clean Water Act (CWA) jurisdiction.

                      • 2/20/2018

                        EPA requests comment on the Agency's previous statements regarding the Clean Water Act (CWA) and whether pollutant discharges from point sources that reach surface waters via groundwater or other subsurface flow that has a “direct hydrologic connection” to the surface water may be subject to CWA regulation.

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

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

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

                          EPA finalizes withdrawal of regional haze FIP for Texas.

                        Most Recent Action
                        Agency
                        EPA
                        Litigation (if any)
                        • 8/31/2017

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

                        • 7/2/2018

                          EPA files its status report stating it intends to issue notice of proposed rule making by no later than Aug. 17, 2018.

                        • 11/8/2018

                          EPA files its status report stating that it is currently reviewing public comments received in response to its publication of proposed BART rulemaking.

                        • 2/12/2019

                          EPA files its status report stating that it is currently reviewing public comments received in response to its publication of proposed BART rulemaking.

                        • 4/15/2019

                          EPA files its status report stating that it is currently reviewing public comments received in response to its publication of proposed BART rulemaking.

                        more
                        Notes/Info/Chamber Statements
                        Topic
                        Energy Infrastructure
                        Issue/Reg
                        Energy Infrastructure
                        Orders/Action
                        • 4/10/2019

                          President Trump signs Executive Order on energy infrastructure directing numerous actions aimed at enabling “the timely construction of the infrastructure needed to move our energy resources through domestic and international commerce.”

                        Most Recent Action
                        Agency
                        Potus, EPA, Interior, DOL, DOT
                        Litigation (if any)
                          Notes/Info/Chamber Statements
                          Topic
                          Energy Infrastructure
                          Issue/Reg
                          Energy Infrastructure
                          Orders/Action
                          • 4/10/2019

                            President Trump signs Executive Order “revising the process for development and issuance of Presidential permits” involving infrastructure permitting at border crossings.

                          Most Recent Action
                          Agency
                          Potus
                          Litigation (if any)
                            Notes/Info/Chamber Statements
                            Topic
                            Air Regulations
                            Issue/Reg
                            Venting and Flaring
                            Orders/Action
                            • 9/28/2018

                              BLM finalizes revisions to methane venting and flaring rule.

                            • 2/22/2018

                              BLM publishes proposed revisions to the Methane and Waste Prevention Rule

                              (Agency press release)

                              (Comment docket)

                            • 2/12/2018

                              BLM announces proposal to revise Methane Waste Prevention Rule.

                              (Agency press release)

                               

                            • 12/8/2017

                              BLM finalizes proposal to delay implementation of venting and flaring rule until January 2019.

                            • 10/5/2017

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

                            • 6/15/2017

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

                            • 3/28/2017

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

                            more
                            Most Recent Action
                            Agency
                            Potus, Interior
                            Litigation (if any)
                            • 10/4/2017

                              U.S. District Court for Northern California invalidates Department of Interior’s administrative stay of BLM methane waste prevention rule. (No. 17-17456)

                            • 7/5/2017

                              State petitioners file suit against BLM for postponing the compliance date of Waste Prevention, Production Subject to Royalties and Resource Conservation rule. (No. 17-17456)

                            • 12/4/2017

                              BLM files Notice of Appeal to 9th Circuit. (No. 17-17456)

                            • 12/8/2017

                              Case docketed before the Court of Appeals for the 9th Circuit.  (No. 17-17456)

                            • 3/15/2018

                              Ninth Circuit enters order granting BLM’s  motion to dismiss. (No. 17-17456)

                            • 3/14/2018

                              BLM files voluntary motion to dismiss appeal. (No. 17-17456)

                            • 10/30/2018

                              Eighteen environmental petitioners file suit in the U.S. District Court for Northern District of California challenging BLM revisions to venting and flaring regulations.

                            • 4/9/2019

                              Tenth Circuit grants motion to dismiss challenge to 2016 venting and flaring regulation on mootness grounds stemming from BLM’s finalization of revisions.

                            more
                            Notes/Info/Chamber Statements

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

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

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

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

                            Topic
                            Energy Financial / Royalties
                            Issue/Reg
                            Waste Prevention Rule
                            Orders/Action
                            • 11/18/2016

                              BLM issues final rule promulgating new regulations to reduce waste of natural gas from venting, flaring and leaks during oil and gas production activities.

                            Most Recent Action
                            Agency
                            Interior
                            Litigation (if any)
                            • 12/19/2017

                              States file complaint against BLM (No. 17-7186).

                            • 12/1/2017

                              Environmental groups file complaint against BLM (No. 17-7187).

                            • 3/9/2018

                              BLM files answer to complaint (Case. No. 17-7186).

                            • 2/22/2018

                              Court enters order denying BLM’s motion to transfer venue and granting preliminary injunction (No. 17-7186).

                            • 2/26/2018

                              Court enters order granting Trade Associations’ motion to intervene (No. 17-7187).

                               

                            • 5/29/2018

                              Intervenors Western Energy Alliance and Independent Petroleum Association of America file their Answer to complaint. (No. 17-7187).

                            • 5/29/2018

                              Intervenor API files its Answer to complaint. (No.17-7186).

                            • 4/23/2018

                              Defendants appeal Ninth Circuit district order denying motion to transfer venue and granting preliminary injunction. (No. 17-7186).

                            • 10/22/2018

                              Pursuant to the parties’ administrative motion, the court enters order holding the two litigations in abeyance pending expiration of the Suspension Rule on Jan. 17, 2019.

                            • 3/29/2019

                              Court enters order granting the parties’ joint stipulation of voluntary dismissal. 

                            more
                            Notes/Info/Chamber Statements

                            Consolidated cases:

                            California v. BLM, No. 17-7186 (N.D. CA). [CASE CLOSED]

                            Sierra Club v. BLM, No. 17-7187 (N.D. CA). [CASE CLOSED]

                            Topic
                            Endangered Species Act
                            Issue/Reg
                            Sage Grouse
                            Orders/Action
                            • 3/20/2019

                              BLM announces final record of decision and approved resource management plan amendments for sage grouse conservation in Oregon, Wyoming, Idaho, Colorado, Utah, and NE California.

                            • 1/9/2019

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

                            • 12/10/2018

                              BLM announces final Environmental Impact Statement (EIS) and proposed plan amendments addressing Greater Sage-Grouse conservation on public land in Oregon, Colorado, Idaho, Utah, Nevada/Northeastern California, and Wyoming.

                               

                            • 10/5/2018

                              USDA Forest Service publishes draft management plans for its Intermountain and Rocky Mountain regions. (Comment docket)

                            • 5/4/2018

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

                            • 1/3/2018

                              BLM issues Sage Grouse Scoping Report.

                            • 12/27/2017

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

                            • 10/11/2017

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

                              (News Summary)

                            • 8/7/2017

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

                            • 6/7/2017

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

                            more
                            Most Recent Action
                            Agency
                            Interior
                            Litigation (if any)
                            • 2/14/2019

                              Coalition of environmental groups file notice of intent to sue Interior Department and Fish and Wildlife Service regarding decisions pertaining to sage grouse protections under the Endangered Species Act.

                            • 3/27/2019

                              Environmental groups file suit in Idaho District Court challenging BLM sage grouse management plans. (News summary)

                            Notes/Info/Chamber Statements
                            Topic
                            Nuclear Energy
                            Issue/Reg
                            Loan Guarantees
                            Orders/Action
                            • 3/22/2019

                              Secretary Perry announces financial close of $3.7 billion loan guarantee to finance the continued construction of nuclear plant units in Georgia (Vogtle Units 3 and 4). 

                            Most Recent Action
                            Agency
                            Energy
                            Litigation (if any)
                              Notes/Info/Chamber Statements
                              Topic
                              Permitting / NEPA
                              Issue/Reg
                              LNG Permitting
                              Orders/Action
                              • 3/22/2019

                                FERC approves final EIS for Texas LNG export terminal.

                              Most Recent Action
                              Agency
                              Litigation (if any)
                                Notes/Info/Chamber Statements
                                Topic
                                Land Management / Leasing
                                Issue/Reg
                                Monuments
                                Orders/Action
                                Most Recent Action
                                Agency
                                Potus, Interior
                                Litigation (if any)
                                • 12/4/2017

                                  Environmental groups file a lawsuit challenging the President’s proclamation.

                                   

                                • 1/4/2018

                                  Plaintiffs file their notice of consent for consolidation of cases.

                                • 1/20/2018

                                  Plaintiffs file motion for partial summary judgment.

                                • 2/15/2018

                                  Defendants file their reply supporting motion to transfer the case. (No.17-2587).

                                • 2/1/2018

                                   Plaintiffs file their opposition to federal defendants’ motion to transfer case.

                                • 1/18/2018

                                  Federal defendants file their motion to transfer case to district of Utah.

                                • 2/15/2018

                                  District court grants defendant’s motion to consolidate No. 17-cv-2591 with No. 17-cv-02587 for administrative purposes.
                                   

                                • 2/1/2018

                                  Plaintiffs file in opposition to federal defendants’ motion to transfer case to district of Utah.

                                • 12/12/2018

                                  Federal Defendants file their reply in support of their motion to dismiss. (17-2587)

                                • 11/15/2018

                                  Environmental groups file their response to DOJ’s motion to dismiss. (17-2587).

                                • 10/1/2018

                                  Federal Defendants file their motion to dismiss. (No. 17-2587).

                                • 2/15/2019

                                  Federal defendants file their motion to dismiss. (Case No. 17-2591)

                                • 3/22/2019

                                  Court enters minute order denying plaintiffs’ motion for partial summary judgment. (No. 17-2591)

                                • 3/20/2019

                                  Environmental groups, members of congress and other professional groups file amicus briefs. (No. 17-2587)

                                more
                                Notes/Info/Chamber Statements

                                Case: Grand Staircase Escalante Partners v. Trump, No. 17-cv-2591 (D.D.C.)


                                Wilderness Society v. Trump, No. 17-cv-02587 (D.D.C)

                                 

                                Topic
                                Regulatory Reform
                                Issue/Reg
                                Regulatory Reform
                                Orders/Action
                                • 9/7/2017

                                  Pursuant to EO 13771, OMB-OIRA issues memorandum directing agencies to propose a net reduction in regulatory costs for FY 2018.

                                • 1/30/2017

                                  Executive Order 13771 directing the repeal of two existing regulations for each new regulation that is proposed.

                                Most Recent Action
                                Agency
                                Potus, OMB
                                Litigation (if any)
                                • 1/4/2018

                                  Defendants file response to plaintiffs’ supplemental memorandum.

                                   

                                • 8/21/2017

                                  Plaintiffs file supplemental memorandum in support of Motion for Summary Judgment.

                                • 8/10/2017

                                  Oral arguments held before the court.

                                • 2/8/2017

                                  Environmental groups file for declaratory and injunctive relief on the basis that the Executive Order forces agencies to violate their statutory mandates to consider rule benefits and to follow certain rule promulgation procedures.

                                • 4/2/2018

                                  Plaintiffs file motion for leave to file Second Amended Complaint.

                                • 6/4/2018

                                  Plaintiffs move for partial summary judgment on the issue of standing.

                                • 6/4/2018

                                  State of California and Oregon file motion to intervene as party plaintiffs.

                                • 6/4/2018

                                  Plaintiffs submits a memorandum supporting motion for partial summary judgement and in opposition to defendant’s motion to dismiss. 

                                • 5/14/2018

                                  Defendants file motion to dismiss.

                                • 2/26/2018

                                  Court grants the government’s motion to dismiss for lack of jurisdiction.

                                • 7/16/2018

                                  Plaintiffs file their reply in support of motion for summary judgment.

                                • 7/14/2018

                                  Federal defendants file their opposition to State of California and Oregon’s motion to intervene.

                                • 6/25/2018

                                  Federal defendants file their reply in support of their motion to dismiss and file their opposition to plaintiffs’ motion for summary judgment.

                                • 7/19/2018

                                  Intervenors file their reply memorandum in support of motion to intervene.

                                • 2/8/2019

                                  Court issues order denying federal defendants’ motion to dismiss and granting a motion for judicial notice of various public statements. 

                                • 3/22/2019

                                  Federal defendants file their answer to amended complaint. 

                                more
                                Notes/Info/Chamber Statements

                                Case: Pub. Citizen, Inc. v. Trump, No. 17-cv-00253 (D.D.C.)

                                Topic
                                Electricity
                                Issue/Reg
                                Transmission
                                Orders/Action
                                • 3/21/2019

                                  FERC opens Notice of Inquiry seeking comment on the scope and implementation of its electric transmission incentives aimed at ensuring reliability and reducing the cost of delivered power by reducing transmission congestion.

                                Most Recent Action
                                Agency
                                FERC
                                Litigation (if any)
                                  Notes/Info/Chamber Statements
                                  Topic
                                  Air Regulations
                                  Issue/Reg
                                  New Source Review
                                  Orders/Action
                                  • 3/21/2019

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

                                  • 10/19/2018

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

                                  • 7/6/2018

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

                                  • 5/9/2018

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

                                  • 4/30/2018

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

                                  • 3/13/2018

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

                                  • 12/7/2017

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

                                  more
                                  Most Recent Action
                                  Agency
                                  EPA
                                  Litigation (if any)
                                    Notes/Info/Chamber Statements
                                    Topic
                                    Permitting / NEPA
                                    Issue/Reg
                                    Pipelines
                                    Orders/Action
                                    Most Recent Action
                                    Agency
                                    FERC
                                    Litigation (if any)
                                    • 3/19/2019

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

                                    Notes/Info/Chamber Statements
                                    Topic
                                    Permitting / NEPA
                                    Issue/Reg
                                    LNG Permitting
                                    Orders/Action
                                    • 3/5/2019

                                      DOE authorizes LNG exports from Calcasieu Pass (LA) export terminal.

                                    • 2/21/2019

                                      FERC grants authorization for Calcasieu Pass LNG export terminal.

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

                                      3/6/19: Status of DOE LNG export applications.

                                      Topic
                                      Land Management / Leasing
                                      Issue/Reg
                                      Alaska Petroleum Reserve (NPR-A)
                                      Orders/Action
                                      • 10/26/2017

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

                                      Most Recent Action
                                      Agency
                                      Interior
                                      Litigation (if any)
                                      • 12/6/2018

                                        Alaska district court judge dismisses lawsuits challenging lease sales in NPR-A. (News summary)

                                      • 2/2/2018

                                        Environmental petitioners file lawsuits challenging lease sales in NPR-A. (News summary)

                                      • 3/1/2019

                                        Alaska Native village and environmental groups file suit in Alaska district court challenging Department of Interior’s approval of exploratory drilling in the National Petroleum Reserve-Alaska.

                                      more
                                      Notes/Info/Chamber Statements
                                      Topic
                                      Air Regulations
                                      Issue/Reg
                                      NAAQS
                                      Orders/Action
                                      Most Recent Action
                                      Agency
                                      EPA
                                      Litigation (if any)
                                        Notes/Info/Chamber Statements
                                        Topic
                                        Land Management / Leasing
                                        Issue/Reg
                                        Outer Continental Shelf (OCD) Oil and Gas Leasing
                                        Orders/Action
                                        • 12/7/2018

                                          National Oceanic and Atmospheric Administration announces issuance of marine mammal incidental harassment authorizations (IHA) related to the use of air gun arrays in search for oil and gas deposits in the waters off the U.S. East Coast.

                                        Most Recent Action
                                        Agency
                                        Commerce
                                        Litigation (if any)
                                        • 1/18/2019

                                          South Carolina District Court blocks Department of Interior from issuing permits for offshore seismic testing associated with oil and gas exploration.

                                          (News summary)

                                        • 1/28/2019

                                          State of South Carolina, along with several cities, files suit in District Court to block NMFS issuance of incidental harassment authorizations.

                                        • 2/20/2019

                                          Coalition of environmental groups file motion requesting preliminary injunction to halt seismic testing in the Atlantic until the District Court is able to resolve the merits of Plaintiffs’ claims.

                                        more
                                        Notes/Info/Chamber Statements
                                        Topic
                                        Permitting / NEPA
                                        Issue/Reg
                                        Pipelines
                                        Orders/Action
                                        • 10/5/2018

                                          Army Corps suspends permits for Mountain Valley Pipeline in response to court decision vacating nationwide permit for the project.

                                        • 8/29/2018

                                          FERC authorizes construction on Mountain Valley Pipeline to resume after the Bureau of Land Management “confirmed that the route approved by the certificate order collocates with other right-of-ways to the extent practical as required by the Mineral Leasing Act of 1920 and the mandate of the U.S. District Court for the Fourth Circuit.

                                        • 10/13/2017

                                          FERC grants final approval to Mountain Valley Pipeline.

                                          (News Summary)

                                        more
                                        Most Recent Action
                                        Agency
                                        FERC
                                        Litigation (if any)
                                        • 1/8/2018

                                          Environmental petitioners file lawsuit against FERC challenging authorization of construction of the Mountain Valley Pipeline.

                                        • 2/5/2018

                                          WGL Midstream Inc. files its response in support of FERC’s motion to dismiss.  

                                        • 2/2/2018

                                          Court enters a non-opinion order denying motions for stay.

                                        • 1/26/2018

                                          Petitioner environmental group files reply in support of its motion for stay.

                                        • 1/26/2018

                                          FERC files motion to dismiss for lack of jurisdiction.

                                        • 1/22/2018

                                          Intervenor Mountain Valley Pipeline files its opposition to Petitioner’s motion for stay.

                                           

                                        • 1/11/2018

                                          Petitioner environmental group files motion for stay.

                                        • 5/16/2018

                                          D.C. Circuit denies motion to hold case in abeyance or defer filing of the certified index.

                                        • 7/20/2018

                                          Environmental petitioners file a motion to stay FERC’s order.

                                        • 7/27/2018

                                          Fourth Circuit remands decisions made by U.S. Forest Service and Bureau of Land Management pertaining to rights-of-way for portion of Mountain Valley Pipeline in the Jefferson National Forest. Pipeline construction temporarily halted.

                                        • 9/4/2018

                                          Petitioners file joint opening brief. 

                                        • 8/30/2018

                                          Court denies environmental petitioners’ motion to stay and issues revised briefing schedule.

                                           

                                        • 10/2/2018

                                          Fourth Circuit rules that Army Corps improperly approved nationwide permit for Mountain Valley Pipeline.

                                        • 11/20/2018

                                          Appellee FERC files its brief arguing that it has satisfied all of its statutory responsibilities in approving the Mountain Valley Pipeline project, which involves constructing a new 303 mile-long pipeline providing additional natural gas transportation capacity from West Virginia to Virginia.

                                        • 1/22/2019

                                          Supreme Court declines to hear challenge to eminent domain lawsuit against Mountain Valley Pipeline. (News summary)

                                        • 2/19/2019

                                          DC Circuit Court enters per curiam judgment dismissing challenges to the federal government’s approval of the Mountain Valley Pipeline, rejecting on the merits claims under the Takings Clause, due process, and the National Historic Preservation and Natural Gas acts. (News summary).

                                        more
                                        Notes/Info/Chamber Statements

                                        Case: Appalachian Voices v. FERC, No. CP16-10-000

                                        Topic
                                        Land Management / Leasing
                                        Issue/Reg
                                        Oil and Gas Leasing
                                        Orders/Action
                                        • 2/13/2019

                                          BOEM schedules Lease Sale 252 for March 20, 2019. The sale will include 78 million acres in the Gulf of Mexico. (Press release)

                                        • 5/1/2018

                                          DOI issues Order No. 3351 establishing the position of Counselor to the Secretary for Energy Policy. The new position is responsible for developing strategies and policies promoting energy. 

                                        • 3/21/2018

                                          BOEM announces results of Lease Sale 250.

                                        • 2/16/2018

                                          BOEM schedules Lease Sale 250 for March 21, 2018. The sale will include all available unleased areas in the Gulf of Mexico and will be the largest lease sale in U.S. history.

                                          (Interior press release)

                                        • 10/24/2017

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

                                        • 5/1/2017

                                          Department of the Interior (DOI) issues Order No. 3350 implementing Executive Order 13795 – Implementing an America-First Offshore Energy Strategy. The Order grants authority to BOEM in development of a new “Five-Year Outer Continental Shelf Oil and Gas Leasing Program.”

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

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