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
Land Management / Leasing Oil and Gas Leasing
  • 9/6/2018

    BLM announces results of New Mexico lease sale, totaling $972 million for 142 parcels, a record amount.

    (Agency press release)

Interior
    Permitting / NEPA National Environmental Policy Act (NEPA)
    • 9/4/2018

      OMB releases proposed initiation fee for project sponsors that utilize the Federal Permitting Improvement Steering Council (FPISC) FAST-41 environmental permitting reviews.

      (Comment docket)

    OMB
      Permitting / NEPA National Environmental Policy Act (NEPA)
      • 8/31/2018

        Interior Deputy Secretary Bernhardt signs Secretarial Order 3355, detailing agency plans to streamline NEPA reviews and implement EO 13807, “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects”

      Interior
        Permitting / NEPA LNG Permitting
        • 8/31/2018

          FERC and the Pipeline Hazardous Materials Safety Administration (PHMSA) announce MOU to improve coordination of LNG permitting.

          (Agency press release)

        FERC, DOT
          Permitting / NEPA LNG Permitting
          FERC
            Endangered Species Act Compensatory Mitigation Policy
            • 7/31/2018

              Fish and Wildlife Service announces withdrawal of December 2016 Endangered Species Act (ESA) compensatory mitigation policy. (NOTE: on the same date, FWS withdrew a similar FWS-wide policy. 

            Interior
              Land Management / Leasing Compensatory Mitigation
              • 7/30/2018

                Fish and Wildlife Service announces withdrawal of November 2016 compensatory mitigation policy. (NOTE: on the same date, FWS withdrew a similar Endangered Species Act-specific policy. 

              Interior
                Nuclear Energy Security
                • 7/25/2018

                  Department of Commerce Bureau of Industry and Security requests comment on Section 232 national security investigation of uranium imports.(Comment docket)

                Commerce

                  9/24/18: U.S. Chamber comments on proposed Section 232 tariffs on uranium imports.

                  Permitting / NEPA LNG Permitting
                  • 7/25/2018

                    DOE finalizes rulemaking aimed at expediting applications to export LNG in quantities up to 140 million cubic feet per day, provided they don't require an environmental impact statement or an environmental assessment under the National Environmental Policy Act.

                  • 9/15/2017

                    DOE approves small scale LNG export permit application from Eagle Maxville facility in Jacksonville, Florida.

                  • 9/1/2017

                    DOE proposes to streamline approval process for small-scale LNG exports (0.14 bcf/day or less).

                    (News Summary)

                  • 6/29/2017

                    DOE authorizes additional liquefied natural gas exports from Lake Charles, Louisiana Liquefaction Project. 

                  more
                  Energy
                    Land Management / Leasing Compensatory Mitigation
                    • 7/24/2018

                      Bureau of Land Management issues instruction memorandum 2018-93, ending practice of requiring compensatory mitigation from public lands users.   

                      Tax Investment Tax Credits
                      • 6/25/2018

                        IRS issues Notice 2018-59, establishing beginning of construction guidance for the renewable energy investment tax credit (ITC) under Section 48 of the Internal Revenue Code. The notice details two key eligibility requirements pertaining to a physical work test and a 5 percent safe harbor. 

                      Treasury
                        Tax Investment Tax Credits
                        • 6/25/2018

                          IRS issues Notice 2018-59, establishing beginning of construction guidance for the renewable energy investment tax credit (ITC) under Section 48 of the Internal Revenue Code. The notice details two key eligibility requirements: a physical work test and a 5 percent safe harbor.

                          (News summary)

                        • 2/9/2018

                          Section 40411 of Public Law 115-123: Extension and phaseout of energy credit. The provision generally harmonizes the expiration dates and phaseout schedules for different properties. The 30 percent Investment Tax Credit (ITC) for solar energy, fiber optic solar energy, qualified fuel cell, and qualified small wind energy property is available for property the construction of which begins before 2020 and is then phased out for property the construction of which begins before 2022. Additionally, the 10 percent ITC for qualified microturbine, combined heat and power system, and thermal energy property is made available for property the construction of which begins before 2022.

                           

                        Treasury
                          Energy Efficiency Buildings
                          • 6/22/2018

                            President Trump signs Executive Order 13834, directing agencies to “achieve and maintain annual reductions in building energy use and implement energy efficiency measures that reduce costs.” The EO eliminates specific goals and timetables associated with EO 13693, which was signed in 2015. 

                          Potus, CEQ
                            Endangered Species Act General
                            • 6/21/2018

                              Interior Secretary Zinke announces reorganization of Interior Department functions, including transfer of the Department of Commerce’s National Marine Fisheries Service and associated ESA administration to the Department of Interior.

                            Interior
                              General / Energy Development Offshore energy
                              • 6/19/2018

                                President Trump signs Executive Order on ocean policy that aims to “promote ocean industries, which employ millions of Americans, advance ocean science and technology, feed the American people, transport American goods, expand recreational opportunities, and enhance America’s energy security” 

                              Potus
                                Permitting / NEPA Oil and Gas
                                • 6/6/2018

                                  Bureau of Land Management issues information bulletin 2018-061, intended to make the NEPA process more efficient, including through the use of categorical exclusions in circumstances defined under a provision of the Energy Policy Act of 2005.

                                Interior
                                  Energy Financial / Royalties General Royalties
                                  • 6/6/2018

                                    Subcommittees of the Department of Interior Royalty Policy Committee makes a number of recommendations to expand energy production, including offshore wind leasing, offshore energy and mineral production, and solar right-of-way policies.

                                  • 2/28/2018

                                    Department of Interior Royalty Policy Committee recommends changes to royalty rates for fossil fuel production on federal lands.

                                  Interior
                                    Water Regulations / Fracking Hydraulic Fracturing
                                    • 12/29/2017

                                      BLM finalizes proposal to repeal regulations pertaining to hydraulic fracturing on federal lands, citing “administrative burdens and compliance costs that are not justified.”

                                      (Comment docket)

                                       
                                    • 7/25/2017

                                      BLM proposes a rule to rescind 2015 rule pertaining to hydraulic fracturing on federal lands.

                                    • 6/7/2017

                                      Interior submits proposed rescission of BLM hydraulic fracturing regulations to OMB for review.

                                      (News Summary)

                                      (OMB link)

                                    • 3/28/2017

                                      Section 7 of Executive Order 13783 directs the Department of Interior to review and reconsider March 2015 regulations restricting hydraulic fracturing on federal lands.

                                    more
                                    Potus, Interior
                                    • 9/21/2017

                                      10th Circuit dismisses both the appeal and the District Court case as unripe in light of the Administration’s rescinding the final regulation in question.

                                    • 7/27/2017

                                      Oral arguments held pertaining to lawsuit against hydraulic fracturing on federal lands.

                                    • 6/27/2016

                                      State petitionerss appeal lower court order setting aside BLM’s rule modification as unlawful.

                                       

                                    • 11/6/2017

                                      Intervenors-Appellees and Industry Petitioners file separate petitioner for panel rehearing and/or request for en banc determination.

                                    • 11/6/2017

                                      Court orders appellants to file response to petitioners’ petition for rehearing on or before 11/20/17.

                                    • 11/6/2017

                                      Industry petitioners file request for panel and en banc rehearing.

                                       

                                    • 11/20/2017

                                      Federal Appellants and Intervenor-Respondents file their respective responses to petition for en banc rehearing.

                                    • 1/3/2018

                                      DOJ files notice of publication of a final rule in the Federal Register. The final rule rescinds the 2015 Hydraulic Fracturing Rule that was at issue in this litigation.

                                    • 12/27/2017

                                      Court denies request for rehearing.

                                       

                                    • 11/20/2017

                                      Intervenor-Respondents file consolidated response to petition for panel rehearing.

                                    • 2/7/2018

                                      North Dakota files reply in support of its motion to dismiss.

                                       

                                    • 2/5/2018

                                      Appellants file their response to North Dakota’s motion to dismiss.

                                    • 1/23/2018

                                      Intervenor Ute Indian Tribe files reply in support of its motion to dismiss.

                                    • 1/11/2018

                                      Intervenor Ute Indian Tribe files motion to dismiss.

                                       

                                    • 6/4/2018

                                      Court grants State of North Dakota’s motion to dismiss.

                                    • 1/22/2018

                                      Appellants file their responses for a motion to dismiss.

                                    more

                                    Case: Wyoming v. Zinke, No. 16-8068 (10th Cir.) Case closed.

                                    Regulatory Reform Data Transparency
                                    • 5/25/2018

                                      EPA extends deadline for comment on proposed transparency rulemaking, and adds public hearing.

                                      (Comment docket)

                                    • 4/30/2018

                                      EPA proposes regulation requiring that studies and data underlying regulatory actions are made publicly available.

                                    EPA

                                      Chamber statement on EPA transparency proposal.

                                      Permitting / NEPA Pipelines
                                      • 5/18/2018

                                        FERC denies rehearing request objecting to the Commission’s limited review of upstream and downstream greenhouse gases associated with its approval of two gas compressor stations. The commission concluded “we are unable to find
                                        based on the record that the potential increase in greenhouse gas emissions associated with
                                        production, non-project transport, and non-project combustion are causally related to our
                                        action in approving this Project.”

                                      • 4/25/2018

                                        FERC releases notice of inquiry to assess whether it should revise its approach to certification of natural gas pipelines, initiating 60-day comment period.

                                        (Comment docket [enter “PL18-1” in search box])

                                      FERC

                                        7/25/18: U.S. Chamber files comments on FERC review of interstate gas pipeline certification processes.

                                        Topic
                                        Land Management / Leasing
                                        Issue/Reg
                                        Oil and Gas Leasing
                                        Orders/Action
                                        • 9/6/2018

                                          BLM announces results of New Mexico lease sale, totaling $972 million for 142 parcels, a record amount.

                                          (Agency press release)

                                        Most Recent Action
                                        Agency
                                        Interior
                                        Litigation (if any)
                                          Notes/Info/Chamber Statements
                                          Topic
                                          Permitting / NEPA
                                          Issue/Reg
                                          National Environmental Policy Act (NEPA)
                                          Orders/Action
                                          • 9/4/2018

                                            OMB releases proposed initiation fee for project sponsors that utilize the Federal Permitting Improvement Steering Council (FPISC) FAST-41 environmental permitting reviews.

                                            (Comment docket)

                                          Most Recent Action
                                          Agency
                                          OMB
                                          Litigation (if any)
                                            Notes/Info/Chamber Statements
                                            Topic
                                            Permitting / NEPA
                                            Issue/Reg
                                            National Environmental Policy Act (NEPA)
                                            Orders/Action
                                            • 8/31/2018

                                              Interior Deputy Secretary Bernhardt signs Secretarial Order 3355, detailing agency plans to streamline NEPA reviews and implement EO 13807, “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects”

                                            Most Recent Action
                                            Agency
                                            Interior
                                            Litigation (if any)
                                              Notes/Info/Chamber Statements
                                              Topic
                                              Permitting / NEPA
                                              Issue/Reg
                                              LNG Permitting
                                              Orders/Action
                                              • 8/31/2018

                                                FERC and the Pipeline Hazardous Materials Safety Administration (PHMSA) announce MOU to improve coordination of LNG permitting.

                                                (Agency press release)

                                              Most Recent Action
                                              Agency
                                              FERC, DOT
                                              Litigation (if any)
                                                Notes/Info/Chamber Statements
                                                Topic
                                                Permitting / NEPA
                                                Issue/Reg
                                                LNG Permitting
                                                Orders/Action
                                                Most Recent Action
                                                Agency
                                                FERC
                                                Litigation (if any)
                                                  Notes/Info/Chamber Statements
                                                  Topic
                                                  Endangered Species Act
                                                  Issue/Reg
                                                  Compensatory Mitigation Policy
                                                  Orders/Action
                                                  • 7/31/2018

                                                    Fish and Wildlife Service announces withdrawal of December 2016 Endangered Species Act (ESA) compensatory mitigation policy. (NOTE: on the same date, FWS withdrew a similar FWS-wide policy. 

                                                  Most Recent Action
                                                  Agency
                                                  Interior
                                                  Litigation (if any)
                                                    Notes/Info/Chamber Statements
                                                    Topic
                                                    Land Management / Leasing
                                                    Issue/Reg
                                                    Compensatory Mitigation
                                                    Orders/Action
                                                    • 7/30/2018

                                                      Fish and Wildlife Service announces withdrawal of November 2016 compensatory mitigation policy. (NOTE: on the same date, FWS withdrew a similar Endangered Species Act-specific policy. 

                                                    Most Recent Action
                                                    Agency
                                                    Interior
                                                    Litigation (if any)
                                                      Notes/Info/Chamber Statements
                                                      Topic
                                                      Nuclear Energy
                                                      Issue/Reg
                                                      Security
                                                      Orders/Action
                                                      • 7/25/2018

                                                        Department of Commerce Bureau of Industry and Security requests comment on Section 232 national security investigation of uranium imports.(Comment docket)

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

                                                        9/24/18: U.S. Chamber comments on proposed Section 232 tariffs on uranium imports.

                                                        Topic
                                                        Permitting / NEPA
                                                        Issue/Reg
                                                        LNG Permitting
                                                        Orders/Action
                                                        • 7/25/2018

                                                          DOE finalizes rulemaking aimed at expediting applications to export LNG in quantities up to 140 million cubic feet per day, provided they don't require an environmental impact statement or an environmental assessment under the National Environmental Policy Act.

                                                        • 9/15/2017

                                                          DOE approves small scale LNG export permit application from Eagle Maxville facility in Jacksonville, Florida.

                                                        • 9/1/2017

                                                          DOE proposes to streamline approval process for small-scale LNG exports (0.14 bcf/day or less).

                                                          (News Summary)

                                                        • 6/29/2017

                                                          DOE authorizes additional liquefied natural gas exports from Lake Charles, Louisiana Liquefaction Project. 

                                                        more
                                                        Most Recent Action
                                                        Agency
                                                        Energy
                                                        Litigation (if any)
                                                          Notes/Info/Chamber Statements
                                                          Topic
                                                          Land Management / Leasing
                                                          Issue/Reg
                                                          Compensatory Mitigation
                                                          Orders/Action
                                                          • 7/24/2018

                                                            Bureau of Land Management issues instruction memorandum 2018-93, ending practice of requiring compensatory mitigation from public lands users.   

                                                          Most Recent Action
                                                          Agency
                                                          Litigation (if any)
                                                            Notes/Info/Chamber Statements
                                                            Topic
                                                            Tax
                                                            Issue/Reg
                                                            Investment Tax Credits
                                                            Orders/Action
                                                            • 6/25/2018

                                                              IRS issues Notice 2018-59, establishing beginning of construction guidance for the renewable energy investment tax credit (ITC) under Section 48 of the Internal Revenue Code. The notice details two key eligibility requirements pertaining to a physical work test and a 5 percent safe harbor. 

                                                            Most Recent Action
                                                            Agency
                                                            Treasury
                                                            Litigation (if any)
                                                              Notes/Info/Chamber Statements
                                                              Topic
                                                              Tax
                                                              Issue/Reg
                                                              Investment Tax Credits
                                                              Orders/Action
                                                              • 6/25/2018

                                                                IRS issues Notice 2018-59, establishing beginning of construction guidance for the renewable energy investment tax credit (ITC) under Section 48 of the Internal Revenue Code. The notice details two key eligibility requirements: a physical work test and a 5 percent safe harbor.

                                                                (News summary)

                                                              • 2/9/2018

                                                                Section 40411 of Public Law 115-123: Extension and phaseout of energy credit. The provision generally harmonizes the expiration dates and phaseout schedules for different properties. The 30 percent Investment Tax Credit (ITC) for solar energy, fiber optic solar energy, qualified fuel cell, and qualified small wind energy property is available for property the construction of which begins before 2020 and is then phased out for property the construction of which begins before 2022. Additionally, the 10 percent ITC for qualified microturbine, combined heat and power system, and thermal energy property is made available for property the construction of which begins before 2022.

                                                                 

                                                              Most Recent Action
                                                              Agency
                                                              Treasury
                                                              Litigation (if any)
                                                                Notes/Info/Chamber Statements
                                                                Topic
                                                                Energy Efficiency
                                                                Issue/Reg
                                                                Buildings
                                                                Orders/Action
                                                                • 6/22/2018

                                                                  President Trump signs Executive Order 13834, directing agencies to “achieve and maintain annual reductions in building energy use and implement energy efficiency measures that reduce costs.” The EO eliminates specific goals and timetables associated with EO 13693, which was signed in 2015. 

                                                                Most Recent Action
                                                                Agency
                                                                Potus, CEQ
                                                                Litigation (if any)
                                                                  Notes/Info/Chamber Statements
                                                                  Topic
                                                                  Endangered Species Act
                                                                  Issue/Reg
                                                                  General
                                                                  Orders/Action
                                                                  • 6/21/2018

                                                                    Interior Secretary Zinke announces reorganization of Interior Department functions, including transfer of the Department of Commerce’s National Marine Fisheries Service and associated ESA administration to the Department of Interior.

                                                                  Most Recent Action
                                                                  Agency
                                                                  Interior
                                                                  Litigation (if any)
                                                                    Notes/Info/Chamber Statements
                                                                    Topic
                                                                    General / Energy Development
                                                                    Issue/Reg
                                                                    Offshore energy
                                                                    Orders/Action
                                                                    • 6/19/2018

                                                                      President Trump signs Executive Order on ocean policy that aims to “promote ocean industries, which employ millions of Americans, advance ocean science and technology, feed the American people, transport American goods, expand recreational opportunities, and enhance America’s energy security” 

                                                                    Most Recent Action
                                                                    Agency
                                                                    Potus
                                                                    Litigation (if any)
                                                                      Notes/Info/Chamber Statements
                                                                      Topic
                                                                      Permitting / NEPA
                                                                      Issue/Reg
                                                                      Oil and Gas
                                                                      Orders/Action
                                                                      • 6/6/2018

                                                                        Bureau of Land Management issues information bulletin 2018-061, intended to make the NEPA process more efficient, including through the use of categorical exclusions in circumstances defined under a provision of the Energy Policy Act of 2005.

                                                                      Most Recent Action
                                                                      Agency
                                                                      Interior
                                                                      Litigation (if any)
                                                                        Notes/Info/Chamber Statements
                                                                        Topic
                                                                        Energy Financial / Royalties
                                                                        Issue/Reg
                                                                        General Royalties
                                                                        Orders/Action
                                                                        • 6/6/2018

                                                                          Subcommittees of the Department of Interior Royalty Policy Committee makes a number of recommendations to expand energy production, including offshore wind leasing, offshore energy and mineral production, and solar right-of-way policies.

                                                                        • 2/28/2018

                                                                          Department of Interior Royalty Policy Committee recommends changes to royalty rates for fossil fuel production on federal lands.

                                                                        Most Recent Action
                                                                        Agency
                                                                        Interior
                                                                        Litigation (if any)
                                                                          Notes/Info/Chamber Statements
                                                                          Topic
                                                                          Water Regulations / Fracking
                                                                          Issue/Reg
                                                                          Hydraulic Fracturing
                                                                          Orders/Action
                                                                          • 12/29/2017

                                                                            BLM finalizes proposal to repeal regulations pertaining to hydraulic fracturing on federal lands, citing “administrative burdens and compliance costs that are not justified.”

                                                                            (Comment docket)

                                                                             
                                                                          • 7/25/2017

                                                                            BLM proposes a rule to rescind 2015 rule pertaining to hydraulic fracturing on federal lands.

                                                                          • 6/7/2017

                                                                            Interior submits proposed rescission of BLM hydraulic fracturing regulations to OMB for review.

                                                                            (News Summary)

                                                                            (OMB link)

                                                                          • 3/28/2017

                                                                            Section 7 of Executive Order 13783 directs the Department of Interior to review and reconsider March 2015 regulations restricting hydraulic fracturing on federal lands.

                                                                          more
                                                                          Most Recent Action
                                                                          Agency
                                                                          Potus, Interior
                                                                          Litigation (if any)
                                                                          • 9/21/2017

                                                                            10th Circuit dismisses both the appeal and the District Court case as unripe in light of the Administration’s rescinding the final regulation in question.

                                                                          • 7/27/2017

                                                                            Oral arguments held pertaining to lawsuit against hydraulic fracturing on federal lands.

                                                                          • 6/27/2016

                                                                            State petitionerss appeal lower court order setting aside BLM’s rule modification as unlawful.

                                                                             

                                                                          • 11/6/2017

                                                                            Intervenors-Appellees and Industry Petitioners file separate petitioner for panel rehearing and/or request for en banc determination.

                                                                          • 11/6/2017

                                                                            Court orders appellants to file response to petitioners’ petition for rehearing on or before 11/20/17.

                                                                          • 11/6/2017

                                                                            Industry petitioners file request for panel and en banc rehearing.

                                                                             

                                                                          • 11/20/2017

                                                                            Federal Appellants and Intervenor-Respondents file their respective responses to petition for en banc rehearing.

                                                                          • 1/3/2018

                                                                            DOJ files notice of publication of a final rule in the Federal Register. The final rule rescinds the 2015 Hydraulic Fracturing Rule that was at issue in this litigation.

                                                                          • 12/27/2017

                                                                            Court denies request for rehearing.

                                                                             

                                                                          • 11/20/2017

                                                                            Intervenor-Respondents file consolidated response to petition for panel rehearing.

                                                                          • 2/7/2018

                                                                            North Dakota files reply in support of its motion to dismiss.

                                                                             

                                                                          • 2/5/2018

                                                                            Appellants file their response to North Dakota’s motion to dismiss.

                                                                          • 1/23/2018

                                                                            Intervenor Ute Indian Tribe files reply in support of its motion to dismiss.

                                                                          • 1/11/2018

                                                                            Intervenor Ute Indian Tribe files motion to dismiss.

                                                                             

                                                                          • 6/4/2018

                                                                            Court grants State of North Dakota’s motion to dismiss.

                                                                          • 1/22/2018

                                                                            Appellants file their responses for a motion to dismiss.

                                                                          more
                                                                          Notes/Info/Chamber Statements

                                                                          Case: Wyoming v. Zinke, No. 16-8068 (10th Cir.) Case closed.

                                                                          Topic
                                                                          Regulatory Reform
                                                                          Issue/Reg
                                                                          Data Transparency
                                                                          Orders/Action
                                                                          • 5/25/2018

                                                                            EPA extends deadline for comment on proposed transparency rulemaking, and adds public hearing.

                                                                            (Comment docket)

                                                                          • 4/30/2018

                                                                            EPA proposes regulation requiring that studies and data underlying regulatory actions are made publicly available.

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

                                                                            Chamber statement on EPA transparency proposal.

                                                                            Topic
                                                                            Permitting / NEPA
                                                                            Issue/Reg
                                                                            Pipelines
                                                                            Orders/Action
                                                                            • 5/18/2018

                                                                              FERC denies rehearing request objecting to the Commission’s limited review of upstream and downstream greenhouse gases associated with its approval of two gas compressor stations. The commission concluded “we are unable to find
                                                                              based on the record that the potential increase in greenhouse gas emissions associated with
                                                                              production, non-project transport, and non-project combustion are causally related to our
                                                                              action in approving this Project.”

                                                                            • 4/25/2018

                                                                              FERC releases notice of inquiry to assess whether it should revise its approach to certification of natural gas pipelines, initiating 60-day comment period.

                                                                              (Comment docket [enter “PL18-1” in search box])

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

                                                                              7/25/18: U.S. Chamber files comments on FERC review of interstate gas pipeline certification processes.