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
Permitting / NEPA Pipelines
  • 8/6/2018

    FERC overrules New York Department of Environmental Conservation’s denial of CWA Section 401 water permit for Northern Access Pipeline.

  • 4/10/2018

    New York state DEC denies Clean Water Act section 401 permit for Northern Access Pipeline.

  • 2/3/2018

    FERC approves Northern Access Pipeline. 

more
FERC
  • 2/6/2019

    2nd Circuit Court of Appeals finds that New York Department of Environmental Conservation 2017 denial of Clean Water Act Section 401 permit for the Northern Access pipeline  was baseless, and remands the case back to the agency. (News summary)

Air Regulations NAAQS
  • 12/6/2018

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

    (Agency fact sheet)

  • 7/25/2018

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

  • 6/26/2018

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

    (Comment docket)

  • 6/19/2018

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

  • 6/4/2018

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

  • 3/9/2018

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

    (Agency fact sheet)

  • 1/5/2018

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

  • 11/16/2017

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

    (News Summary)

  • 8/2/2017

    EPA withdraws prior decision to extending attainment designation deadlines.

  • 6/7/2017

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

more
EPA
  • 10/10/2017

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

  • 8/1/2017

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

  • 7/10/2017

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

  • 4/11/2017

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

  • 10/26/2015

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

  • 1/8/2018

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

  • 1/31/2018

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

     

  • 1/26/2018

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

  • 1/19/2018

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

     

  • 2/16/2018

    D.C. Cir. issues an opinion ruling that 1) EPA failed to adopt adequate anti-backsliding measures when it revoked the 1997 NAAQS, 2) EPA violated the CAA by allowing so-called “orphan nonattainment areas” to evade anti-backsliding requirements, 3) the rule’s invitation of “redesignation substitute requests” evaded the statutory requirements for redesignations, and 4) EPA failed to provide a statutory justification for allowing states to choose their own baseline year for measuring pollution reductions (No. 15-1115).

     

  • 3/12/2018

    Court enters order granting NGO plaintiffs’ and state plaintiffs’ motions for summary judgment, confirming that the Administrator violated a nondiscretionary duty under the Clean Air Act to promulgate NAAQS for Ozone by Oct 1, 2017 (No. 17-6900).

  • 4/19/2018

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

  • 5/15/2018

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

  • 5/18/2018

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

  • 6/5/2018

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

  • 6/6/2018

    D.C. Circuit orders EPA to file a status report by July 31, 2018 regarding the status of all final designations for the 2015 ozone NAAQS. (No. 17-1185).

  • 6/7/2018

    EPA files a petition for panel rehearing of the Court’s 2/16/18 decision based on  court’s misinterpretation of two key points of law. (No. 15-1115).

  • 6/8/2018

    EPA files a response to the motion to lift the abeyance filed by state and intervenor petitioners. EPA opposes immediate request to lift the abeyance, but does not oppose lifting the abeyance on August 1, 2018. (No. 15-1385).

  • 1/19/2018

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

  • 1/12/2018

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

  • 12/4/2017

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

  • 7/10/2017

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

  • 4/11/2017

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

  • 10/26/2015

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

  • 7/3/2018

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

  • 6/20/2018

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

  • 6/15/2018

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

  • 8/1/2018

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

  • 8/1/2018

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

     

  • 9/27/2018

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

  • 2/4/2019

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

more

Blog: EPA Delays Implementing Ozone Standard for One Year

EPA’s Tightened Ozone Standard Will Harm America’s Economic Growth.

Case details at Chamber Litigation Center.

Case: Murray Energy v. EPA, No. 15-1385 (D.C. Cir.)

Land Management / Leasing Alaska National Wildlife Refuge (ANWR)
  • 1/31/2019

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

  • 1/9/2019

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

  • 12/19/2018

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

  • 6/7/2018

    Interior Secretary Zinke announces $4 million Fish and Wildlife Service grant to support oil exploration readiness in the ANWR Coastal Plain.

  • 4/20/2018

    BLM announces 60-day EIS scoping period for oil and gas leasing in the ANWR Coastal Plain.

  • 12/22/2017

    Section 20001 of public law 115-97 (tax reform legislation) authorizes oil and gas leasing in section 1002 of Arctic National Wildlife Refuge.

     

     

  • 8/11/2017

    Department of Interior Fish and Wildlife Service memorandum directs development of proposed rule to allow for geological exploration of ANWR.

more
Interior

    U.S. Chamber letter in support of an oil and gas leasing program in ANWR (11/15/17).

    Blog: Four Things to Know About ANWR (11/15/17).

    Air Regulations CAA Section 112
    • 11/26/2018

      EPA finalizes amendments to the petroleum refinery National Emission Standards for Hazardous Air Pollutants (NESHAP) (referred to as Refinery MACT 1 and Refinery MACT 2) and to the New Source Performance Standards (NSPS) for Petroleum Refineries.

    • 7/10/2018

      EPA proposes to extend compliance deadline for 2016 refinery MACT standards related to startup, shutdown, and maintenance equipment to January 30, 2019.

      (Comment docket)

    • 4/10/2018

      EPA proposes rulemaking to amend petroleum refinery sector requirements under Section 112 of the Clean Air Act (emissions standards for hazardous air pollutants and new source performance standards).

      (Comment docket)

    more
    EPA
    • 1/25/2019

      Environmental petitioners file suit in D.C. Circuit challenging 11/26/18 Refinery MACT amendments. 

    Permitting / NEPA Pipelines
    • 9/17/2018

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

    • 8/10/2018

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

    • 10/13/2017

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

      (News Summary)

    • 7/21/2017

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

    more
    FERC
    • 7/11/2018

      Federal respondents file their opposition to petitioners’ brief.

    • 4/24/2018

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

    • 12/13/2018

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

    • 12/7/2018

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

    • 1/23/2019

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

    • 1/14/2019

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

    • 12/28/2018

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

      (News summary)

    more

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

    Chamber infographic: Benefits of the Atlantic Coast Pipeline

    Permitting / NEPA Pipelines
    • 2/17/2017

      Army Corps issues Notice of Termination of the Intent To Prepare an Environmental Impact Statement in Connection With Dakota Access, LLC, approving the final easement for the pipeline.

    • 1/24/2017

      Presidential Memorandum declaring the Dakota Access Pipeline in the national interest, and directing relevant federal agencies to expedite review of the pipeline.

    • 10/11/2017

      District Court enters a decision allowing Dakota Access pipeline to stay in operation while U.S. Army Corps of Engineers conducts further environmental review of the project.

    • 10/6/2017

      Court grants Plaintiff’s Motion to Amend Protective Order.

    • 6/14/2017

      D.C. District Court rules in part that certain portions of the approved site must be re-evaluated but leaves open the question of whether the Corps must stop working on the pipeline

    • 7/27/2016

      Environmental petitioners file for review of final agency authorization of construction of the Dakota Access Pipeline.

    • 11/15/2017

      Environmental petitioners file reply brief in support of their motion for imposition of remand condition.

    • 11/13/2017

      Environmental petitioners file motion for partial summary judgment.

    • 11/1/2017

      Defendant files opposition to petitioners’ motion for imposition of remand conditions.

    • 11/1/2017

      Intervenor files its motion regarding imposition of remand conditions.

    • 12/4/2017

      Court enters order directing 1) the parties to coordinate finalizing an oil-spill response plan, and 2) Intervenor Dakota Access to select an independent engineering company, and 3) Intervenor Dakota Access to submit bi-monthly reports to the Court.

    • 1/10/2018

      Army Corps of Engineers files a summary judgment motion.

    • 1/10/2018

      Dakota Access files a summary judgment motion.

    • 12/29/2017

      Dakota Access files its first status report.

    • 2/9/2018

      Defendants’ file reply briefs in support of their motions for summary judgment.

    • 2/7/2018

      Plaintiffs file their response to defendant’s second status report.

    • 2/1/2018

      Army Corps of Engineers files its second status report.

    • 1/26/2018

      Plaintiffs file reply brief in support their motion for partial summary judgment.

    • 2/28/2018

      Dakota Access files its Status Report.

    • 6/8/2018

      U.S. Army of Engineers submits status report regarding progress of remand and expected date to complete remand process.

    • 5/2/2018

      In accordance with court order (5/3/18), U.S. Army of Engineers submits status report regarding progress of remand.

    • 4/30/2018

      Defendant Dakota Access, files third bi-monthly report regarding conditions crossing Lake Oahe.

    • 4/3/2018

      In accordance to court order (12/4/17) regarding third party engineering review of easement conditions and regulations. 

    • 4/2/2018

      In accordance with court order (5/3/18), U.S. Army of Engineers submits status report regarding progress of remand.

    • 1/7/2019

      District court judge allows challenge against Dakota Access environmental review to proceed. (News summary)

    • 11/1/2018

      Group of tribes files suit seeking expanded report on Dakota Access environmental permit process. (News summary)

    • 8/31/2018

      U.S. Army of Engineers submits status report.

    more

    Chamber applauds final approval of the Dakota Access Pipeline.

    Blog: Oil is Flowing Through the Dakota Access Pipeline, and North Dakota is Benefiting.

    Case: Standing Rock Sioux Tribe v. Army Corps of Engineers, No. 17-cv-267 (D.D.C.)

    Case details at Chamber litigation center

    Nuclear Energy Technology Development
    NRC
      Permitting / NEPA Pipelines
      • 10/4/2018

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

      • 2/3/2017

        FERC grants final permit approvals for Atlantic Sunrise Pipeline.

      FERC
      • 11/8/2017

        D.C. Cir. lifts its 11/6 stay, allowing construction to proceed.

      • 11/6/2017

        D.C. Cir. stays the FERC order pending further review Plaintiffs’ emergency motion.

      • 10/30/2017

        Environmental petitioners file an emergency motion to stay pipeline construction.

      • 3/23/2017

        Environmental groups file for review of final FERC order authorizing construction of the Transcontinental Gas Pipe Line Co. Atlantic Sunrise Project issued in February of 2017.  

      • 11/8/2017

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

         

      • 1/16/2018

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

      • 3/9/2018

        Petitioners file their joint appellate opening brief.

      • 2/16/2018

        Court enters order denying motion for stay.

      • 6/7/2018

        Joint petitioners, Allegheny Defense Project and Hilltop Hollow Ltd. Partnership file reply brief.

      • 5/24/2018

        Intervenors Transco, Anadarko, Chief Oil and Southern Co. file their brief.

      • 5/10/2018

        Respondent, FERC files brief.

      • 7/2/2018

        Petitioners file their joint reply brief.

      • 7/2/2018

        Petitioners file their joint opening brief.

      • 6/29/2018

        Respondent FERC files its brief.

      • 6/27/2018

        Intervenors file their joint brief.

      • 10/17/2018

        Oral argument scheduled for Dec. 7, 2018.

      • 12/7/2018

        Oral argument held before Judges Garland, Tatel and Millet.

      more
      Electricity Ratemaking
      • 11/23/2018

        FERC proposes rule requiring utilities to revise rates to account for changes caused by the Tax Cuts and Jobs Act of 2017.

        (Agency press release)

      FERC
        Land Management / Leasing Alaska Petroleum Reserve (NPR-A)
        • 11/21/2018

          BLM announces intention to prepare a new Integrated Activity Plan and Environmental Impact Statement (IAP/EIS) for the National Petroleum Reserve in Alaska (NPR-A). Announcement solicits comment on EIS scoping.

          (Comment docket)

        • 11/8/2018

           BLM announces NPR-A oil and gas lease sale for 12/12/18. Sale includes 254 tracts and approximately 2.85 million acres.

        • 12/7/2017

          BLM completes 2017 NPR-A lease sale. (News Summary)

        • 10/26/2017

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

          (Interior press release)

        • 5/31/2017

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

          (Interior Press Release)

        more
        Interior
          Vehicles / Fuels Ultra-low NOx
          EPA
            Air Regulations NAAQS
            EPA
              Land Management / Leasing Sale of Federal Property
                Interior
                • 4/2/2018

                  Federal Petitioners file suit against the State of California for enacting SB50, which makes it the policy of the State of California to discourage conveyance of federal public lands in the State away from the federal government.

                • 11/1/2018

                  Court rules California’s SB50, regulating the recording of conveyances of federal public lands in California, violates the U.S. Constitution’s Supremacy Clause. Court grants motion for summary judgment in favor of United States.

                Case: United States v. State of California, No. 2:18721 (E.D. Ca. Apr. 2, 2018) (Case closed)

                Land Management / Leasing Outer Continental Shelf (OCD) Oil and Gas Leasing
                • 10/19/2018

                  OMB-OIRA fall unified regulatory agenda projects release of proposed rule modifying requirements for exploratory drilling on the Arctic Outer Continental Shelf in January 2019.

                Interior
                  Renewables/Energy Efficiency Offshore Wind
                  • 10/18/2018

                    Department of Interior’s Bureau of Ocean Energy Management announces offshore wind activities, including lease sale off Massachusetts, NOI for Rhode Island’s South Fork project, and a call for information for projects off California.

                  Interior
                    Nuclear Energy Technology Development
                    Energy
                      Renewables/Energy Efficiency Solar
                      • 9/19/2018

                        The Office of the U.S. Trade Representative announces exemptions to solar PV import tariffs.

                      • 1/23/2018

                        President Trump imposes tariffs (up to 30%) on solar photovoltaic cells.

                        (Announcement by President Trump).

                      • 10/31/2017

                        U.S. International Trade Commission recommends the President impose tariff remedies related to the import of crystalline silicon photovoltaic cells.

                      • 9/22/2017

                        U.S. International Trade Commission determines that imports of crystalline silicon photovoltaic cells cause injury to domestic industry.

                      more
                        Land Management / Leasing Oil and Gas Leasing
                        • 9/13/2018

                          USDA’s Forest Service issues advance notice of proposed rulemaking to streamline procedural requirements for oil and gas leasing and extraction from national forests and grasslands managed by the Forest Service. (Comment docket)

                        USDA
                          Air Regulations Regional Haze
                          • 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
                            Other Sue and Settle
                            • 9/7/2018

                              Secretary Zinke issues Secretarial Order 3368, aimed at limiting “sue and settle” activities by promoting public engagement, transparency, and accountability in Consent Decrees and Settlement Agreements.

                            Interior
                              Topic
                              Permitting / NEPA
                              Issue/Reg
                              Pipelines
                              Orders/Action
                              • 8/6/2018

                                FERC overrules New York Department of Environmental Conservation’s denial of CWA Section 401 water permit for Northern Access Pipeline.

                              • 4/10/2018

                                New York state DEC denies Clean Water Act section 401 permit for Northern Access Pipeline.

                              • 2/3/2018

                                FERC approves Northern Access Pipeline. 

                              more
                              Most Recent Action
                              Agency
                              FERC
                              Litigation (if any)
                              • 2/6/2019

                                2nd Circuit Court of Appeals finds that New York Department of Environmental Conservation 2017 denial of Clean Water Act Section 401 permit for the Northern Access pipeline  was baseless, and remands the case back to the agency. (News summary)

                              Notes/Info/Chamber Statements
                              Topic
                              Air Regulations
                              Issue/Reg
                              NAAQS
                              Orders/Action
                              • 12/6/2018

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

                                (Agency fact sheet)

                              • 7/25/2018

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

                              • 6/26/2018

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

                                (Comment docket)

                              • 6/19/2018

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

                              • 6/4/2018

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

                              • 3/9/2018

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

                                (Agency fact sheet)

                              • 1/5/2018

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

                              • 11/16/2017

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

                                (News Summary)

                              • 8/2/2017

                                EPA withdraws prior decision to extending attainment designation deadlines.

                              • 6/7/2017

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

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

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

                              • 8/1/2017

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

                              • 7/10/2017

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

                              • 4/11/2017

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

                              • 10/26/2015

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

                              • 1/8/2018

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

                              • 1/31/2018

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

                                 

                              • 1/26/2018

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

                              • 1/19/2018

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

                                 

                              • 2/16/2018

                                D.C. Cir. issues an opinion ruling that 1) EPA failed to adopt adequate anti-backsliding measures when it revoked the 1997 NAAQS, 2) EPA violated the CAA by allowing so-called “orphan nonattainment areas” to evade anti-backsliding requirements, 3) the rule’s invitation of “redesignation substitute requests” evaded the statutory requirements for redesignations, and 4) EPA failed to provide a statutory justification for allowing states to choose their own baseline year for measuring pollution reductions (No. 15-1115).

                                 

                              • 3/12/2018

                                Court enters order granting NGO plaintiffs’ and state plaintiffs’ motions for summary judgment, confirming that the Administrator violated a nondiscretionary duty under the Clean Air Act to promulgate NAAQS for Ozone by Oct 1, 2017 (No. 17-6900).

                              • 4/19/2018

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

                              • 5/15/2018

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

                              • 5/18/2018

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

                              • 6/5/2018

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

                              • 6/6/2018

                                D.C. Circuit orders EPA to file a status report by July 31, 2018 regarding the status of all final designations for the 2015 ozone NAAQS. (No. 17-1185).

                              • 6/7/2018

                                EPA files a petition for panel rehearing of the Court’s 2/16/18 decision based on  court’s misinterpretation of two key points of law. (No. 15-1115).

                              • 6/8/2018

                                EPA files a response to the motion to lift the abeyance filed by state and intervenor petitioners. EPA opposes immediate request to lift the abeyance, but does not oppose lifting the abeyance on August 1, 2018. (No. 15-1385).

                              • 1/19/2018

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

                              • 1/12/2018

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

                              • 12/4/2017

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

                              • 7/10/2017

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

                              • 4/11/2017

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

                              • 10/26/2015

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

                              • 7/3/2018

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

                              • 6/20/2018

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

                              • 6/15/2018

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

                              • 8/1/2018

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

                              • 8/1/2018

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

                                 

                              • 9/27/2018

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

                              • 2/4/2019

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

                              more
                              Notes/Info/Chamber Statements
                              Topic
                              Land Management / Leasing
                              Issue/Reg
                              Alaska National Wildlife Refuge (ANWR)
                              Orders/Action
                              • 1/31/2019

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

                              • 1/9/2019

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

                              • 12/19/2018

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

                              • 6/7/2018

                                Interior Secretary Zinke announces $4 million Fish and Wildlife Service grant to support oil exploration readiness in the ANWR Coastal Plain.

                              • 4/20/2018

                                BLM announces 60-day EIS scoping period for oil and gas leasing in the ANWR Coastal Plain.

                              • 12/22/2017

                                Section 20001 of public law 115-97 (tax reform legislation) authorizes oil and gas leasing in section 1002 of Arctic National Wildlife Refuge.

                                 

                                 

                              • 8/11/2017

                                Department of Interior Fish and Wildlife Service memorandum directs development of proposed rule to allow for geological exploration of ANWR.

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

                                U.S. Chamber letter in support of an oil and gas leasing program in ANWR (11/15/17).

                                Blog: Four Things to Know About ANWR (11/15/17).

                                Topic
                                Air Regulations
                                Issue/Reg
                                CAA Section 112
                                Orders/Action
                                • 11/26/2018

                                  EPA finalizes amendments to the petroleum refinery National Emission Standards for Hazardous Air Pollutants (NESHAP) (referred to as Refinery MACT 1 and Refinery MACT 2) and to the New Source Performance Standards (NSPS) for Petroleum Refineries.

                                • 7/10/2018

                                  EPA proposes to extend compliance deadline for 2016 refinery MACT standards related to startup, shutdown, and maintenance equipment to January 30, 2019.

                                  (Comment docket)

                                • 4/10/2018

                                  EPA proposes rulemaking to amend petroleum refinery sector requirements under Section 112 of the Clean Air Act (emissions standards for hazardous air pollutants and new source performance standards).

                                  (Comment docket)

                                more
                                Most Recent Action
                                Agency
                                EPA
                                Litigation (if any)
                                • 1/25/2019

                                  Environmental petitioners file suit in D.C. Circuit challenging 11/26/18 Refinery MACT amendments. 

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

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

                                • 8/10/2018

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

                                • 10/13/2017

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

                                  (News Summary)

                                • 7/21/2017

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

                                more
                                Most Recent Action
                                Agency
                                FERC
                                Litigation (if any)
                                • 7/11/2018

                                  Federal respondents file their opposition to petitioners’ brief.

                                • 4/24/2018

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

                                • 12/13/2018

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

                                • 12/7/2018

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

                                • 1/23/2019

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

                                • 1/14/2019

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

                                • 12/28/2018

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

                                  (News summary)

                                more
                                Notes/Info/Chamber Statements

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

                                Chamber infographic: Benefits of the Atlantic Coast Pipeline

                                Topic
                                Permitting / NEPA
                                Issue/Reg
                                Pipelines
                                Orders/Action
                                • 2/17/2017

                                  Army Corps issues Notice of Termination of the Intent To Prepare an Environmental Impact Statement in Connection With Dakota Access, LLC, approving the final easement for the pipeline.

                                • 1/24/2017

                                  Presidential Memorandum declaring the Dakota Access Pipeline in the national interest, and directing relevant federal agencies to expedite review of the pipeline.

                                Most Recent Action
                                Agency
                                Litigation (if any)
                                • 10/11/2017

                                  District Court enters a decision allowing Dakota Access pipeline to stay in operation while U.S. Army Corps of Engineers conducts further environmental review of the project.

                                • 10/6/2017

                                  Court grants Plaintiff’s Motion to Amend Protective Order.

                                • 6/14/2017

                                  D.C. District Court rules in part that certain portions of the approved site must be re-evaluated but leaves open the question of whether the Corps must stop working on the pipeline

                                • 7/27/2016

                                  Environmental petitioners file for review of final agency authorization of construction of the Dakota Access Pipeline.

                                • 11/15/2017

                                  Environmental petitioners file reply brief in support of their motion for imposition of remand condition.

                                • 11/13/2017

                                  Environmental petitioners file motion for partial summary judgment.

                                • 11/1/2017

                                  Defendant files opposition to petitioners’ motion for imposition of remand conditions.

                                • 11/1/2017

                                  Intervenor files its motion regarding imposition of remand conditions.

                                • 12/4/2017

                                  Court enters order directing 1) the parties to coordinate finalizing an oil-spill response plan, and 2) Intervenor Dakota Access to select an independent engineering company, and 3) Intervenor Dakota Access to submit bi-monthly reports to the Court.

                                • 1/10/2018

                                  Army Corps of Engineers files a summary judgment motion.

                                • 1/10/2018

                                  Dakota Access files a summary judgment motion.

                                • 12/29/2017

                                  Dakota Access files its first status report.

                                • 2/9/2018

                                  Defendants’ file reply briefs in support of their motions for summary judgment.

                                • 2/7/2018

                                  Plaintiffs file their response to defendant’s second status report.

                                • 2/1/2018

                                  Army Corps of Engineers files its second status report.

                                • 1/26/2018

                                  Plaintiffs file reply brief in support their motion for partial summary judgment.

                                • 2/28/2018

                                  Dakota Access files its Status Report.

                                • 6/8/2018

                                  U.S. Army of Engineers submits status report regarding progress of remand and expected date to complete remand process.

                                • 5/2/2018

                                  In accordance with court order (5/3/18), U.S. Army of Engineers submits status report regarding progress of remand.

                                • 4/30/2018

                                  Defendant Dakota Access, files third bi-monthly report regarding conditions crossing Lake Oahe.

                                • 4/3/2018

                                  In accordance to court order (12/4/17) regarding third party engineering review of easement conditions and regulations. 

                                • 4/2/2018

                                  In accordance with court order (5/3/18), U.S. Army of Engineers submits status report regarding progress of remand.

                                • 1/7/2019

                                  District court judge allows challenge against Dakota Access environmental review to proceed. (News summary)

                                • 11/1/2018

                                  Group of tribes files suit seeking expanded report on Dakota Access environmental permit process. (News summary)

                                • 8/31/2018

                                  U.S. Army of Engineers submits status report.

                                more
                                Notes/Info/Chamber Statements

                                Chamber applauds final approval of the Dakota Access Pipeline.

                                Blog: Oil is Flowing Through the Dakota Access Pipeline, and North Dakota is Benefiting.

                                Case: Standing Rock Sioux Tribe v. Army Corps of Engineers, No. 17-cv-267 (D.D.C.)

                                Case details at Chamber litigation center

                                Topic
                                Nuclear Energy
                                Issue/Reg
                                Technology Development
                                Orders/Action
                                Most Recent Action
                                Agency
                                NRC
                                Litigation (if any)
                                  Notes/Info/Chamber Statements
                                  Topic
                                  Permitting / NEPA
                                  Issue/Reg
                                  Pipelines
                                  Orders/Action
                                  • 10/4/2018

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

                                  • 2/3/2017

                                    FERC grants final permit approvals for Atlantic Sunrise Pipeline.

                                  Most Recent Action
                                  Agency
                                  FERC
                                  Litigation (if any)
                                  • 11/8/2017

                                    D.C. Cir. lifts its 11/6 stay, allowing construction to proceed.

                                  • 11/6/2017

                                    D.C. Cir. stays the FERC order pending further review Plaintiffs’ emergency motion.

                                  • 10/30/2017

                                    Environmental petitioners file an emergency motion to stay pipeline construction.

                                  • 3/23/2017

                                    Environmental groups file for review of final FERC order authorizing construction of the Transcontinental Gas Pipe Line Co. Atlantic Sunrise Project issued in February of 2017.  

                                  • 11/8/2017

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

                                     

                                  • 1/16/2018

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

                                  • 3/9/2018

                                    Petitioners file their joint appellate opening brief.

                                  • 2/16/2018

                                    Court enters order denying motion for stay.

                                  • 6/7/2018

                                    Joint petitioners, Allegheny Defense Project and Hilltop Hollow Ltd. Partnership file reply brief.

                                  • 5/24/2018

                                    Intervenors Transco, Anadarko, Chief Oil and Southern Co. file their brief.

                                  • 5/10/2018

                                    Respondent, FERC files brief.

                                  • 7/2/2018

                                    Petitioners file their joint reply brief.

                                  • 7/2/2018

                                    Petitioners file their joint opening brief.

                                  • 6/29/2018

                                    Respondent FERC files its brief.

                                  • 6/27/2018

                                    Intervenors file their joint brief.

                                  • 10/17/2018

                                    Oral argument scheduled for Dec. 7, 2018.

                                  • 12/7/2018

                                    Oral argument held before Judges Garland, Tatel and Millet.

                                  more
                                  Notes/Info/Chamber Statements
                                  Topic
                                  Electricity
                                  Issue/Reg
                                  Ratemaking
                                  Orders/Action
                                  • 11/23/2018

                                    FERC proposes rule requiring utilities to revise rates to account for changes caused by the Tax Cuts and Jobs Act of 2017.

                                    (Agency press release)

                                  Most Recent Action
                                  Agency
                                  FERC
                                  Litigation (if any)
                                    Notes/Info/Chamber Statements
                                    Topic
                                    Land Management / Leasing
                                    Issue/Reg
                                    Alaska Petroleum Reserve (NPR-A)
                                    Orders/Action
                                    • 11/21/2018

                                      BLM announces intention to prepare a new Integrated Activity Plan and Environmental Impact Statement (IAP/EIS) for the National Petroleum Reserve in Alaska (NPR-A). Announcement solicits comment on EIS scoping.

                                      (Comment docket)

                                    • 11/8/2018

                                       BLM announces NPR-A oil and gas lease sale for 12/12/18. Sale includes 254 tracts and approximately 2.85 million acres.

                                    • 12/7/2017

                                      BLM completes 2017 NPR-A lease sale. (News Summary)

                                    • 10/26/2017

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

                                      (Interior press release)

                                    • 5/31/2017

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

                                      (Interior Press Release)

                                    more
                                    Most Recent Action
                                    Agency
                                    Interior
                                    Litigation (if any)
                                      Notes/Info/Chamber Statements
                                      Topic
                                      Vehicles / Fuels
                                      Issue/Reg
                                      Ultra-low NOx
                                      Orders/Action
                                      Most Recent Action
                                      Agency
                                      EPA
                                      Litigation (if any)
                                        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
                                          Sale of Federal Property
                                          Orders/Action
                                            Most Recent Action
                                            Agency
                                            Interior
                                            Litigation (if any)
                                            • 4/2/2018

                                              Federal Petitioners file suit against the State of California for enacting SB50, which makes it the policy of the State of California to discourage conveyance of federal public lands in the State away from the federal government.

                                            • 11/1/2018

                                              Court rules California’s SB50, regulating the recording of conveyances of federal public lands in California, violates the U.S. Constitution’s Supremacy Clause. Court grants motion for summary judgment in favor of United States.

                                            Notes/Info/Chamber Statements

                                            Case: United States v. State of California, No. 2:18721 (E.D. Ca. Apr. 2, 2018) (Case closed)

                                            Topic
                                            Land Management / Leasing
                                            Issue/Reg
                                            Outer Continental Shelf (OCD) Oil and Gas Leasing
                                            Orders/Action
                                            • 10/19/2018

                                              OMB-OIRA fall unified regulatory agenda projects release of proposed rule modifying requirements for exploratory drilling on the Arctic Outer Continental Shelf in January 2019.

                                            Most Recent Action
                                            Agency
                                            Interior
                                            Litigation (if any)
                                              Notes/Info/Chamber Statements
                                              Topic
                                              Renewables/Energy Efficiency
                                              Issue/Reg
                                              Offshore Wind
                                              Orders/Action
                                              • 10/18/2018

                                                Department of Interior’s Bureau of Ocean Energy Management announces offshore wind activities, including lease sale off Massachusetts, NOI for Rhode Island’s South Fork project, and a call for information for projects off California.

                                              Most Recent Action
                                              Agency
                                              Interior
                                              Litigation (if any)
                                                Notes/Info/Chamber Statements
                                                Topic
                                                Nuclear Energy
                                                Issue/Reg
                                                Technology Development
                                                Orders/Action
                                                Most Recent Action
                                                Agency
                                                Energy
                                                Litigation (if any)
                                                  Notes/Info/Chamber Statements
                                                  Topic
                                                  Renewables/Energy Efficiency
                                                  Issue/Reg
                                                  Solar
                                                  Orders/Action
                                                  • 9/19/2018

                                                    The Office of the U.S. Trade Representative announces exemptions to solar PV import tariffs.

                                                  • 1/23/2018

                                                    President Trump imposes tariffs (up to 30%) on solar photovoltaic cells.

                                                    (Announcement by President Trump).

                                                  • 10/31/2017

                                                    U.S. International Trade Commission recommends the President impose tariff remedies related to the import of crystalline silicon photovoltaic cells.

                                                  • 9/22/2017

                                                    U.S. International Trade Commission determines that imports of crystalline silicon photovoltaic cells cause injury to domestic industry.

                                                  more
                                                  Most Recent Action
                                                  Agency
                                                  Litigation (if any)
                                                    Notes/Info/Chamber Statements
                                                    Topic
                                                    Land Management / Leasing
                                                    Issue/Reg
                                                    Oil and Gas Leasing
                                                    Orders/Action
                                                    • 9/13/2018

                                                      USDA’s Forest Service issues advance notice of proposed rulemaking to streamline procedural requirements for oil and gas leasing and extraction from national forests and grasslands managed by the Forest Service. (Comment docket)

                                                    Most Recent Action
                                                    Agency
                                                    USDA
                                                    Litigation (if any)
                                                      Notes/Info/Chamber Statements
                                                      Topic
                                                      Air Regulations
                                                      Issue/Reg
                                                      Regional Haze
                                                      Orders/Action
                                                      • 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
                                                        Other
                                                        Issue/Reg
                                                        Sue and Settle
                                                        Orders/Action
                                                        • 9/7/2018

                                                          Secretary Zinke issues Secretarial Order 3368, aimed at limiting “sue and settle” activities by promoting public engagement, transparency, and accountability in Consent Decrees and Settlement Agreements.

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