U.S. CHAMBER OF COMMERCE

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 For Comment
Department Proposal Comment Period
EPA 111(b) GHG NSPS power plant regulations (FR Notice) 12/21/18 - 2/19/19 (Comment docket)
Interior (BLM) ANWR Coastal Plain EIS (FR notice) 12/20/18 - 2/11/19 (Comment docket)
EPA Revised WOTUS definition (EPA Notice) 2/14/19 - 4/15/19 (Comment docket)
EPA MATS Supplemental Cost-Benefit Finding (FR Notice) 2/7/19 - 4/8/19 (Comment docket)

The Tracker is updated regularly. This edition is updated through January 31, 2019.

  • Notable Developments Over the Last Month

  • 1/28/19: DC Circuit hears oral arguments in case aiming to block Mountain Valley Pipeline permits. (News summary)

  • 1/23/19: Fourth Circuit grants request by Army Corps for voluntary remand Atlantic Coast Pipeline permit from National Park Service. (News summary)

  • 1/18/19: South Carolina District Court blocks Department of Interior from issuing permits for offshore seismic testing associated with oil and gas exploration. (News summary)

  • 1/14/19: District court hears TransCanada request to resume Keystone XL pre-construction activities on private lands while environmental reviews proceed. (News summary)

  • 1/7/19: District court judge allows challenge against Dakota Access environmental review to proceed. (News summary)

  • 12/28/18: EPA announces proposal to revise MATS supplemental cost finding. (Awaiting FR publication)

  • 12/21/18: President Trump signs Nuclear Energy Innovation and Modernization Act into law (PL 115-439), modifying the licensing process for commercial advanced nuclear reactor facilities.

  • 12/19/18: BLM releases draft environmental impact statement for ANWR Coastal Plain leasing program. (Comment docket)

  • 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 10 executive orders, 5 presidential memoranda, and provisions in 7 public laws. Further, by our best estimate, there are currently 12 energy-related regulatory/policy reforms initiated or under review, 16 reforms formally proposed, and 35 reform actions that have been finalized or completed. (These figures do not include project-specific actions such as leases or permit approvals.) In addition, litigation pertaining to at least 15 actions is underway or ongoing. 

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.

 

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Energy Tracker

Indicates Public Law
Topic Issue/Reg Order/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
Renewables/Energy Efficiency Light Bulbs
  • 2/11/2019

    DOE’s Office of Energy Efficiency and Renewable Energy (EERE) proposes modifications to efficiency standards for general service lamps.

  • Energy
    Land Management / Leasing Outer Continental Shelf (OCD) Oil and Gas Leasing
    • 12/7/2018

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

    • Commerce
    • 1/18/2019

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

      (News summary)

    • 1/28/2019

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

    Air Regulations Clean Power Plan (Existing Source Performance Standards)
    • 2/1/2018

      EPA announces additional public hearings on proposed CPP repeal, and extends comment deadline until 4/26/18.

    • 11/8/2017

      EPA announces public hearing on proposed CPP repeal, and extends comment deadline on proposal to 1/18/18.

    • 10/23/2015

      Final Clean Power Plan published in Federal Register.

    • 10/16/2017

      EPA announces proposal to repeal Clean Power Plan and plans for Advance Notice of Proposed Rulemaking (ANPRM) to solicit comment on whether further regulatory action is warranted. (Link to comment docket)

    • 6/9/2017

      EPA submits proposed CPP changes to OMB for review. 

    • 3/28/2017

      Section 4 of Executive Order 13783 directs review and reconsideration of EPA Clean Power Plan.

    more
    • Potus
    • EPA
    • 1/24/2019

      DC Circuit Court grants EPA request to postpone CPP status report until 14 days after resolution of the government shutdown..

    • 12/21/2018

      Court orders the consolidated cases to remain in abeyance for 60 days; EPA to continue filing 30-day status reports.

    • 11/21/2018

      EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by the first part of 2019.

    • 9/4/2018

      Enviro group intervenors file opposition to continued abeyance.

    • 7/24/2018

      State petitioners and municipal intervenors file joint status report in support of continued abeyance.

    • 6/26/2018

      Court enters order directing EPA to continue to file status reports at 30-day interval.

    • 6/1/2018

      EPA submits 30-day status report regarding the scope of the potential new rule and requests the court to continue to hold case in abeyance.

    • 5/9/2018

      State and municipal intervenors file in opposition to EPA’s request for further abeyance.

    • 5/9/2018

      Public health and environmental group intervenors file an opposition against EPA’s request for further abeyance.

    • 5/2/2018

      EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

    • 4/2/2018

      EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

    • 3/1/2018

      Court enters order directing EPA to continue filing status reports at 30-day intervals.

    • 2/9/2018

      EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

    • 1/17/2018

      Public health and environmental organizations file their opposition to EPA’s request for further abeyance.

       

    • 1/17/2018

      State and Municipal Respondents file their opposition to EPA’s request for further abeyance.

    • 1/10/2018

      EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

    • 12/11/2017

      EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

    • 11/9/2017

      D.C. Circuit grants 60-day abeyance; orders EPA to provide 30-day status updates.

    • 10/17/2017

      Intervenors file their response to EPA’s status report and request for indefinite abeyance.

    • 10/10/2017

      EPA submits status report, stating that the Administrator signed a proposed rule to repeal the Clean power Plan. EPA requests the court to continue to hold case in abeyance.

    • 9/7/2017

      EPA submits status report scheduling publication of the proposed rule for Fall 2017 inviting public comment. EPA requests the court to continue to hold the case in abeyance.

    • 8/8/2017

      D.C. Circuit grants another 60-day abeyance; reminds EPA that it has “affirmative statutory obligation to regulate greenhouse gases.” (Court Order)

    • 4/28/2017

      D.C. Circuit grants 60-day abeyance; orders EPA to provide 30 day status updates. Abeyance granted through approximately June 27.

    more

    Global Energy Institute statement on proposed repeal of Clean Power Plan (10/10/17)

    Energy Institute information on Clean Power Plan and EPA carbon regulations.

    Litigation details at U.S. Chamber Litigation Center.

    Case: West Virginia v. EPA, No. 15-1363 (D.C. Cir.)

    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
    • 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)

    • 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)

    • 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.

    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
    • 10/5/2018

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

    • 8/29/2018

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

    • 10/13/2017

      FERC grants final approval to Mountain Valley Pipeline.

      (News Summary)

    more
    • FERC
    • 1/22/2019

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

    • 11/20/2018

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

    • 10/2/2018

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

    • 9/4/2018

      Petitioners file joint opening brief. 

    • 8/30/2018

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

       

    • 7/27/2018

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

    • 7/20/2018

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

    • 5/16/2018

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

    • 2/5/2018

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

    • 2/2/2018

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

    • 1/26/2018

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

    • 1/26/2018

      FERC files motion to dismiss for lack of jurisdiction.

    • 1/22/2018

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

       

    • 1/11/2018

      Petitioner environmental group files motion for stay.

    • 1/8/2018

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

    more

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

    Permitting / NEPA Pipelines
    • 12/3/2018

      State Department announces Notice of Intent to prepare additional Keystone XL supplemental environmental impact statement (SEIS) in response to ruling from Federal District Court in Montana relating to greenhouse gas emissions, oil spills, cultural resources, and market analysis. 

    • 9/24/2018

      State Department issues draft environmental impact statement for alternative Keystone XL pipeline route.

    • 7/30/2018

      State Department releases draft environmental assessment of revised Keystone XL pipeline route, initiating 60-day comment period.

      (Comment docket)

    • 7/15/2018

      Court issues partial order on summary judgment regarding NEPA compliance.

    • 4/4/2017

      Department of State issues Presidential Permit to Keystone XL pipeline.

    • 1/24/2017

      Presidential Memorandum directing relevant federal agencies to promptly complete review of the proposed Keystone XL pipeline.

    more
    • Potus
    • Army Corps
    • 1/14/2019

      District court hears TransCanada request to resume Keystone XL pre-construction activities on private lands while environmental reviews proceed.

      (News summary)

    • 12/21/2018

      Notice of appeal to the Ninth Circuit filed by TransCanda Corp.

    • 12/7/2018

      Montana district court judge halts preconstruction field work on Keystone XL Pipeline until completion of environmental reviews ordered in prior ruling. (News summary)

    • 8/15/2018

      Court issues partial order on summary judgment regarding NEPA compliance.

    • 5/11/2018

      Defendants file a reply supporting motion for summary judgment.

    • 4/27/2018

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

    • 3/30/2018

      Defendants file summary judgment cross-motion.

    • 3/30/2018

      Intervenor TransCanada files motion for summary judgment.

    • 2/9/2018

      Plaintiffs and environmental groups file their motion for partial summary judgment.

    • 1/22/2018

      Defendants file their opposition to plaintiffs’ motion to compel.

    • 1/8/2018

      Plaintiffs file motion to compel the completion of administrative records and to lift confidentiality designation.

    • 12/6/2017

      Federal Defendants file  reply brief supporting their motion to limit judicial review to the administrative record.

    • 11/22/2017

      Court enters order denying the Federal Defendants’ motion to dismiss.

    • 11/22/2017

      Environmental Plaintiffs file their respective responses to Federal Defendants’ motion.

    • 11/8/2017

      Federal defendants file brief in support of their motion to limit judicial review of all claims to the administrative records.

    • 10/4/2017

      Parties file statement of stipulated facts; Plaintiffs file a Preliminary Pretrial Statement

    • 3/30/2017

      Environmental petitioners file for review of final agency approval of construction of the Keystone XL pipeline.

    more

    Blog: Keystone XL Update (11/19/17).

    Chamber President and CEO Donohue’s statement on the Trump administration’s approval of the Keystone XL pipeline.

    Case: N. Plains Res. Council v. Shannon, No. 17-cv-00031 (D. Mont.)

    Air Regulations MATS "Supplemental Findings"
    • 12/28/2018

      12/28/18: EPA announces proposal to revise MATS supplemental cost finding.

      (Comment docket)

    • 10/19/2018

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

    • 7/29/2018

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

    • 5/9/2018

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

    • 4/25/2016

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

    more
    • EPA
    • 1/14/2019

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

    • 10/16/2018

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

    • 7/18/2018

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

    • 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.”

    • 1/19/2018

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

    • 10/24/2017

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

    • 7/26/2017

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

    • 4/27/2017

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

    • 4/25/2017

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

    more

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

    Air Regulations CAA Section 112
    • 10/19/2018

      OMB-OIRA fall unified regulatory agenda projects February 2019 release of proposed rule reflecting changes made in 1/25/18 guidance memorandum. 

    • 1/25/2018

      EPA issues guidance memorandum reversing “once-in, always-in” policy under Section 112 of the Clean Air Act.

      (Press release)

    • EPA
    • 1/14/2019

      Trade group intervenors file their response brief to petitioners' opening brief. Trade group amici also file their amicus brief.

    • 12/21/2018

      Respondent EPA files its response to petitioners’ opening brief.

    • 3/26/2018

      Environmental petitioners file for review of EPA’s action reversing once-in, always-in policy.

    more
    Air Regulations Regional Haze
    • 11/30/2018

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

    • 2/12/2018

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

    • 9/11/2017

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

    • 7/13/2017

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

    more
    • EPA
    • 1/10/2019

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

    • 9/13/2018

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

    • 7/13/2018

      Court denies environmental petitioners’ motion to lift abeyance.

    • 6/6/2018

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

    • 4/4/2018

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

    • 3/7/2018

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

    • 2/21/2018

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

    • 2/12/2018

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

    • 2/12/2018

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

    • 2/1/2018

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

    • 1/25/2018

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

    • 1/22/2018

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

    • 1/11/2018

      Entergy files motion to stay EPA’s final rule.

    • 1/11/2018

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

    • 1/10/2018

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

    • 1/4/2018

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

    • 1/2/2018

      Environmental groups file their response to Entergy’s opposition.

    • 12/29/2017

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

    • 12/26/2017

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

       

    • 12/22/2017

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

    • 12/20/2017

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

    • 11/1/2017

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

    • 7/31/2017

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

    • 11/23/2016

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

    more

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

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

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

    Land Management / Leasing Alaska National Wildlife Refuge (ANWR)
    • 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).

      Endangered Species Act Sage Grouse
      • 1/9/2019

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

      • 12/10/2018

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

         

      • 10/5/2018

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

      • 5/4/2018

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

      • 1/3/2018

        BLM issues Sage Grouse Scoping Report.

      • 12/27/2017

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

      • 8/7/2017

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

      • 6/7/2017

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

      • 10/11/2017

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

        (News Summary)

      more
      • Interior
        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.

        • 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.

        • 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.

        • 2/28/2018

          Dakota Access files its 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.

        • 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.

        • 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.

        • 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.

        • 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.

        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
          Water Regulations / Fracking Power Plant Effluent Limitation Guidelines (ELGs)
          • 10/19/2018

            OMB-OIRA unified regulatory agenda projects release of proposal revising Effluent Limitation Guidelines rule in March 2019, and finalization in December 2019.

          • 5/9/2018

            OMB-OIRA semiannual regulatory agenda projects release of NPRM addressing Power Plant ELG rule in December 2018.

          • 6/6/2017

            EPA proposes postponement of compliance deadlines for Power Plant ELG rule while it reconsiders changes to the rule.

          more
          • EPA
          • 12/20/2018

            EPA files its 90-day status report requesting that judicial proceedings remain stayed as relating to the portions of the 2015 Rule concerning the new, more stringent BAT limitations and PSES. (Case No. 15-60821).

          • 10/29/2018

            Court grants the Federal Defendants’ and UWAG’s motions to dismiss on the grounds that the EPA’s action promulgating effluent limitations under the Clean Water Act is reviewable by the courts of appeals, not by a district court. (Case No. 18-050).  

          • 10/3/2018

            Oral argument heard.  (Case No. 15-60821).

          • 7/26/2018

            Intervenor UWAG files reply in support of its motion to dismiss (No. 18-050).

          • 7/9/2018

            Plaintiffs file their opposition to motion to dismiss. (No. 18-050).

          • 7/6/2018

            EPA submits a status report regarding ELG and standards for steam electric power generating point source category. (No. 15-60821).

          • 6/6/2018

            Intervenor Utility Water Act Group files motion to dismiss for lack of jurisdiction (No. 18-050).

          • 5/18/2018

            EPA files reply in support of its motion to dismiss (No. 18-050).

          • 5/3/2018

            CBD files its opposition to EPA’s motion to dismiss for lack of jurisdiction (No. 18-050). 

          • 4/10/2018

            EPA submits status report; requests stay of proceedings (No. 15-60821).

          • 4/3/2018

            EPA files motion to dismiss for lack of jurisdiction (No. 18-050)

          • 2/22/2018

            Environmental groups file their reply brief (No. 15-60821).

          • 2/20/2018

            In accordance with court order (8/22/17), EPA submits a  status report regarding ELG and standards for steam electric power generating point source category. (No. 15-60821)

          • 1/30/2018

            Center for Biological Diversity files a complaint for declaratory and injunctive relief (No. 18-050).

          • 1/22/2018

            Intervenor Utility Water Act Group files brief in support of respondents (No. 15-60821).

          • 12/15/2017

            Environmental groups (respondents) file their brief.

          • 11/20/2017

            EPA files its 90-day status report.

          • 9/27/2017

            Court enters briefing schedule for issues not held in abeyance; Respondent’s brief due on Dec. 15, 2017.

          • 8/22/2017

            Fifth Circuit grants EPA request for extended abeyance of lawsuit against ELG regulation while EPA revises it.

          • 4/24/2017

            5th Circuit grants 120-day abeyance of rule implementation while ELG regulation is reviewed for possible changes.

          • 11/20/2015

            Power company files for review of Agency final rule regarding effluent limitations guidelines and standards for steam electric power generators.

          more

          Case: S. Elec. Power Co. v. EPA, NoO. 15-60821 (5th Cir.)

          Case: CBE v. Pruitt, No. 18-050 (D. Ar.) (Case closed.)

          Land Management / Leasing Monuments
          • Potus
          • Interior
          • 12/12/2018

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

          • 11/15/2018

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

          • 10/1/2018

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

          • 2/15/2018

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

          • 2/15/2018

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

          • 2/1/2018

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

          • 2/1/2018

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

          • 1/20/2018

            Plaintiffs file motion for partial summary judgment.

          • 1/18/2018

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

          • 1/4/2018

            Plaintiffs file their notice of consent for consolidation of cases.

          • 12/4/2017

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

             

          more

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

          Consolidated with:

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

           

          Vehicles / Fuels Renewable Fuel Standard (RFS)
          • 12/11/2018

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

            (Agency summary)

          • 10/19/2018

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

          • 10/11/2018

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

          • 6/26/2018

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

          • 12/12/2017

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

          • 11/30/2017

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

          • 10/4/2017

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

            (News Summary)

          • 7/21/2017

            EPA proposes renewable fuel volumetric blending requirements for 2018.

          more
          • EPA
            Water Regulations / Fracking Waters of the U.S. (WOTUS)
            • 12/11/2018

              EPA proposes revised definition of WOTUS.

              (Press release and fact sheets)

              (Comment docket awaiting FR publication)

            • 10/19/2018

              Office of Management and Budget - Office of Information and Regulatory Affairs (OMB-OIRA) spring unified regulatory agenda projects release of proposed rule to revise the definition of WOTUS in November 2018 and finalization of WOTUS repeal in March 2019.

            • 7/12/2018

              EPA issues supplemental proposal to clarify and request additional public comment on the July 2017 proposal to permanently repeal the 2015 WOTUS rule.

            • 6/15/2018

              EPA sends proposed “step 2” definition of Waters of the United States rule to Office of Management and Budget.

              (Agency press release)

            • 6/11/2018

              District Court for the Southern District of Georgia granted Plaintiffs’ (11 states) motion for preliminary injunction effectively blocking implementation of WOTUS Rule. 

            • 5/9/2018

              OMB-OIRA spring unified regulatory agenda projects release of supplemental proposal regarding the proposed repeal in 5/18, followed by repeal finalization in 11/18. The agenda projects a revised WOTUS definition will be proposed in 8/18.

            • 4/11/2018

              EPA sends proposal finalizing repeal of WOTUS and recodifying the preexisting definition of a WOTUS to OMB for final review.

              (EO 12866 meetings)

            • 3/30/2018

              EPA delegates oversight of Clean Water Act permitting decisions to Office of Water.

            • 2/6/2018

              EPA finalizes proposal delaying effective implementation date of the 2015 WOTUS rule until February 6, 2020.

              (Agency press release)

            • 11/22/2017

              EPA proposes to delay the effective implementation date of the WOTUS rule until 2020, to ensure that the prior definition of “waters of the United States” remains in effect while further changes to the definition are considered. (Regulations.gov docket)

               

            • 6/28/2017

              EPA, Army Corps formally propose repeal of 2015 Waters of the U.S. regulation and announce intention to pursue follow-on rulemaking revising definition of “waters of the United States” under the Clean Water Act.

              (Federal Register)

            • 2/28/2017

              Executive Order 13778 directing EPA to review and reconsider its “Waters of the United States” (WOTUS) regulation.

            more
            • Potus
            • EPA
            • 11/26/2018

              Oregon district court judge vacates delay of WOTUS regulation, following similar 8/16/18 decision in South Carolina. 

            • 11/24/2018

              Intervenor environmental groups file their reply in support of cross motion for summary judgment.

            • 11/7/2018

              American Farm Bureau files its reply to Federal Defendants’ opposition to motion for summary judgment. 

            • 10/10/2018

              Federal Defendants file their opposition to American Farm Bureau’s motion for summary judgment; Environmental groups file opposition to summary judgment and cross-motion for summary judgment.

            • 8/31/2018

              State of Georgia files its motion for summary judgment.

            • 8/31/2018

              Intervenor American Farm Bureau files motion for summary judgment.

            • 8/31/2018

              Federal defendants file their answer to state plaintiffs.

            • 8/16/2018

              District Court invalidates EPA delay of WOTUS rule, reinstating the regulation in 26 states.

            • 7/3/2018

              Intervenors file their answer and defenses opposing the amended complaint. (No. 15-cv-00079 )

            • 6/8/2018

              District Court grants Plaintiffs’ motion for preliminary injunction blocking WOTUS rule. (No. 15-00079).

            • 6/6/2018

              National Wildlife Federation and One Hundred Miles filed brief in opposition of the motion for preliminary injunction. (No. 15-00079).

            • 6/6/2018

              Plaintiffs’ file a brief in support for a motion for preliminary injunction. (No. 15-00079).

            • 3/23/2018

              U.S. District Court of North Dakota issues an order granting states’ request to resume litigation on WOTUS rule.

            • 2/28/2018

              Sixth Circuit lifts nationwide stay of Waters of the U.S. rule. (No. 15-3751).

            • 1/22/2018

              Supreme Court issues an opinion concluding that the final rule under review is an action that falls outside the judicial review, thereby determining that that litigation involving EPA’s “Waters of the U.S.” regulation and other Clean Water Act rules should be heard by federal district courts. (No. 15-3751).

            • 11/22/2017

              Federal Respondents file notice of publication of proposed rule. (No. 15-3751).

            • 6/30/2017

              EPA files notice of publication of proposed rulemaking to re-codify the definition of WOTUS. (No. 15-3751).

            • 4/3/2017

              Supreme Court denies Trump Administration request to halt review of case to determine appropriate jurisdiction. (Supreme Court argument scheduled 10/11/17).

            • 1/25/2017

              Sixth Circuit grants abeyance in Murray Energy v. EPA lawsuit against (stayed) WOTUS regulation, pending Trump Administration review of the rule. (No. 15-3751).urt grants certiorari on motion by Murray Energy v. EPA intervenor National Association of Manufacturers regarding which federal court has jurisdiction over EPA’s WOTUS rule. (No. 15-3751). 

            • 1/13/2017

              Supreme Court grants certiorari on motion by Murray Energy v. EPA intervenor National Association of Manufacturers regarding which federal court has jurisdiction over EPA’s Waters of the U.S. rule.

            • 7/13/2015

              Industry petitioners file for review of Agency final action defining “Waters of the United States” in Murray Energy v. EPA. (No. 15-3751).

            more

            8/14/18: U.S. Chamber comments on WOTUS supplemental proposal; Waters Advocacy Coalition comments on supplemental proposal.

            12/13/17: U.S. Chamber comments on proposal to delay WOTUS implementation date.

            Waters Advocacy Coalition 9/27/17 letter on proposed WOTUS repeal.

            U.S. Chamber 9/25/17 comments on proposed WOTUS repeal.

            Coalition letter supporting executive order on WOTUS rule.

            Blog and Chamber statement: EPA Will Repeal Obama’s Land-Grabbing Water Rule.

            Litigation details at Chamber Litigation Center

            Case: State of Georgia et al. v. McCarthy et al., No. 15-cv-00079 (S.D. Ga)

            Case: Murray Energy v. EPA, No. 15-3751 (6th Cir.)

            Case: Nat’l Assn. of Mfr. v. Dep’t of Def., No. 16-299 (S. Ct.)

            Air Regulations Regional Haze
              • EPA
              • 12/10/2018

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

              • 9/10/2018

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

              • 6/11/2018

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

              • 3/12/2018

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

              • 9/11/2017

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

              more

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

              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
              • 12/7/2018

                Oral argument held before Judges Garland, Tatel and Millet.

              • 10/17/2018

                Oral argument scheduled for Dec. 7, 2018.

              • 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.

              • 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.

              • 3/9/2018

                Petitioners file their joint appellate opening brief.

              • 2/16/2018

                Court enters order denying motion for stay.

              • 1/16/2018

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

              • 11/8/2017

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

                 

              • 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.  

              more
              Air Regulations NAAQS
              • 12/6/2018

                EPA finalizes “good neighbor” determinations for 2008 ozone 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
              • 9/27/2018

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

              • 8/1/2018

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

                 

              • 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.

              • 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).

              • 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).

              • 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).

              • 6/6/2018

                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).

              • 6/5/2018

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

              • 5/18/2018

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

              • 5/15/2018

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

              • 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.”

              • 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).

              • 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).

                 

              • 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. 17-6900).

              • 1/19/2018

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

                 

              • 1/12/2018

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

              • 1/8/2018

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

              • 12/4/2017

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

              • 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.

              • 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).

              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.)

              Topic
              Air Regulations
              Issue/Reg
              Clean Power Plan (Existing Source Performance Standards)
              Order/Action
              • 2/1/2018

                EPA announces additional public hearings on proposed CPP repeal, and extends comment deadline until 4/26/18.

              • 11/8/2017

                EPA announces public hearing on proposed CPP repeal, and extends comment deadline on proposal to 1/18/18.

              • 10/23/2015

                Final Clean Power Plan published in Federal Register.

              • 10/16/2017

                EPA announces proposal to repeal Clean Power Plan and plans for Advance Notice of Proposed Rulemaking (ANPRM) to solicit comment on whether further regulatory action is warranted. (Link to comment docket)

              • 6/9/2017

                EPA submits proposed CPP changes to OMB for review. 

              • 3/28/2017

                Section 4 of Executive Order 13783 directs review and reconsideration of EPA Clean Power Plan.

              more
              Most Recent Action
              Litigation
              • 1/24/2019

                DC Circuit Court grants EPA request to postpone CPP status report until 14 days after resolution of the government shutdown..

              • 12/21/2018

                Court orders the consolidated cases to remain in abeyance for 60 days; EPA to continue filing 30-day status reports.

              • 11/21/2018

                EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by the first part of 2019.

              • 9/4/2018

                Enviro group intervenors file opposition to continued abeyance.

              • 7/24/2018

                State petitioners and municipal intervenors file joint status report in support of continued abeyance.

              • 6/26/2018

                Court enters order directing EPA to continue to file status reports at 30-day interval.

              • 6/1/2018

                EPA submits 30-day status report regarding the scope of the potential new rule and requests the court to continue to hold case in abeyance.

              • 5/9/2018

                State and municipal intervenors file in opposition to EPA’s request for further abeyance.

              • 5/9/2018

                Public health and environmental group intervenors file an opposition against EPA’s request for further abeyance.

              • 5/2/2018

                EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

              • 4/2/2018

                EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

              • 3/1/2018

                Court enters order directing EPA to continue filing status reports at 30-day intervals.

              • 2/9/2018

                EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

              • 1/17/2018

                Public health and environmental organizations file their opposition to EPA’s request for further abeyance.

                 

              • 1/17/2018

                State and Municipal Respondents file their opposition to EPA’s request for further abeyance.

              • 1/10/2018

                EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

              • 12/11/2017

                EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

              • 11/9/2017

                D.C. Circuit grants 60-day abeyance; orders EPA to provide 30-day status updates.

              • 10/17/2017

                Intervenors file their response to EPA’s status report and request for indefinite abeyance.

              • 10/10/2017

                EPA submits status report, stating that the Administrator signed a proposed rule to repeal the Clean power Plan. EPA requests the court to continue to hold case in abeyance.

              • 9/7/2017

                EPA submits status report scheduling publication of the proposed rule for Fall 2017 inviting public comment. EPA requests the court to continue to hold the case in abeyance.

              • 8/8/2017

                D.C. Circuit grants another 60-day abeyance; reminds EPA that it has “affirmative statutory obligation to regulate greenhouse gases.” (Court Order)

              • 4/28/2017

                D.C. Circuit grants 60-day abeyance; orders EPA to provide 30 day status updates. Abeyance granted through approximately June 27.

              more
              Notes/Info/Chamber/Statements

              Global Energy Institute statement on proposed repeal of Clean Power Plan (10/10/17)

              Energy Institute information on Clean Power Plan and EPA carbon regulations.

              Litigation details at U.S. Chamber Litigation Center.

              Case: West Virginia v. EPA, No. 15-1363 (D.C. Cir.)

              Topic
              Air Regulations
              Issue/Reg
              MATS "Supplemental Findings"
              Order/Action
              • 12/28/2018

                12/28/18: EPA announces proposal to revise MATS supplemental cost finding.

                (Comment docket)

              • 10/19/2018

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

              • 7/29/2018

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

              • 5/9/2018

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

              • 4/25/2016

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

              more
              Most Recent Action
              Litigation
              • 1/14/2019

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

              • 10/16/2018

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

              • 7/18/2018

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

              • 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.”

              • 1/19/2018

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

              • 10/24/2017

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

              • 7/26/2017

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

              • 4/27/2017

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

              • 4/25/2017

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

              more
              Notes/Info/Chamber/Statements

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

              Topic
              Air Regulations
              Issue/Reg
              Methane ICR (Existing Sources)
              Order/Action
              • 3/2/2017

                EPA withdraws 2016 information collection request (ICR) pertaining to methane emissions from existing oil and gas operations.

              Most Recent Action
              Litigation
                Notes/Info/Chamber/Statements

                Letter from governors and attorneys general to EPA requesting withdrawal of ICR.

                Topic
                Air Regulations
                Issue/Reg
                Methane NSPS
                Order/Action
                • 10/19/2018

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

                • 10/15/2018

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

                • 5/9/2018

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

                • 3/12/2018

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

                • 11/8/2017

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

                  (Agency fact sheet)

                • 6/16/2017

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

                • 6/14/2017

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

                • 6/5/2017

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

                more
                Most Recent Action
                Litigation
                • 7/31/2018

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

                • 5/30/2018

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

                • 4/5/2018

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

                • 4/4/2018

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

                • 8/10/2017

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

                • 7/31/2017

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

                • 7/13/2017

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

                • 7/3/2017

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

                • 6/5/2017

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

                more
                Notes/Info/Chamber/Statements

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

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

                 

                Topic
                Air Regulations
                Issue/Reg
                NAAQS
                Order/Action
                • 12/6/2018

                  EPA finalizes “good neighbor” determinations for 2008 ozone 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
                Most Recent Action
                Litigation
                • 9/27/2018

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

                • 8/1/2018

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

                   

                • 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.

                • 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).

                • 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).

                • 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).

                • 6/6/2018

                  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).

                • 6/5/2018

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

                • 5/18/2018

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

                • 5/15/2018

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

                • 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.”

                • 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).

                • 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).

                   

                • 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. 17-6900).

                • 1/19/2018

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

                   

                • 1/12/2018

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

                • 1/8/2018

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

                • 12/4/2017

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

                • 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.

                • 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).

                more
                Notes/Info/Chamber/Statements
                Topic
                Air Regulations
                Issue/Reg
                Power Plant CO2 New Source Performance Standards (NSPS)
                Order/Action
                • 12/6/2018

                  EPA proposes revisions to 111(b) GHG NSPS power plant regulations.

                  (Agency fact sheet)

                  (Comment docket)

                • 9/10/2018

                  EPA sends proposed revisions to 111(b) GHG NSPS regulations for power plants to OMB for review.

                • 5/9/2018

                  OMB-OIRA spring unified regulatory agenda projects release of formal proposal to modify 111(b) NSPS regulations regarding new fossil-powered electric plants in June 2018.

                • 3/28/2017

                  Executive Order 13783 – Promoting Energy Independence and Economic Growth, directs review and reconsideration of NSPS for new power plants (CCS mandate for new coal plants).

                more
                Most Recent Action
                Litigation
                • 10/23/2018

                  EPA submits 90-day status report stating that the agency is continuing its review of the rule.

                • 7/24/2018

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

                • 4/27/2018

                  EPA submits 90-day status report stating that the agency is continuing its review of the rule.

                • 1/25/2018

                  EPA submits 90-day status report stating that the agency is continuing its review of the rule

                • 10/27/2017

                  EPA submits 90-day status report stating that the agency is continuing its review of the rule.

                • 10/27/2017

                  EPA submits 30-day status report stating that the agency is continuing its review of the rule.

                • 8/10/2017

                  Court orders cases remain held in abeyance; Respondent to file status reports at 90-day intervals starting Oct. 27.

                • 7/31/2017

                  EPA submits 30-day status report stating that the agency is continuing its review of the rule.

                • 6/29/2017

                  EPA submits 30-day status report stating that the agency is continuing its review of the rule.

                • 4/28/2017

                  DC Circuit grants 60-day abeyance of lawsuit against NSPS regulation while EPA reviews the rule; orders EPA to provide 30 day status updates. Case has been briefed but oral argument not set.

                • 10/23/2015

                  State petitioner files for review of agency final rule on Greenhouse Gas emissions.

                more
                Notes/Info/Chamber/Statements

                Litigation details at U.S. Chamber Litigation Center

                Case: North Dakota v. EPA, No. 15-1381, (D.C. Cir.)

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

                  EPA finalizes withdrawal of regional haze FIP for Texas.

                Most Recent Action
                Litigation
                • 11/8/2018

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

                • 7/2/2018

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

                • 8/31/2017

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

                more
                Notes/Info/Chamber/Statements
                Topic
                Air Regulations
                Issue/Reg
                Regional Haze
                Order/Action
                • 11/30/2018

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

                • 2/12/2018

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

                • 9/11/2017

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

                • 7/13/2017

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

                more
                Most Recent Action
                Litigation
                • 1/10/2019

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

                • 9/13/2018

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

                • 7/13/2018

                  Court denies environmental petitioners’ motion to lift abeyance.

                • 6/6/2018

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

                • 4/4/2018

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

                • 3/7/2018

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

                • 2/21/2018

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

                • 2/12/2018

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

                • 2/12/2018

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

                • 2/1/2018

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

                • 1/25/2018

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

                • 1/22/2018

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

                • 1/11/2018

                  Entergy files motion to stay EPA’s final rule.

                • 1/11/2018

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

                • 1/10/2018

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

                • 1/4/2018

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

                • 1/2/2018

                  Environmental groups file their response to Entergy’s opposition.

                • 12/29/2017

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

                • 12/26/2017

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

                   

                • 12/22/2017

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

                • 12/20/2017

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

                • 11/1/2017

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

                • 7/31/2017

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

                • 11/23/2016

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

                more
                Notes/Info/Chamber/Statements

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

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

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

                Topic
                Air Regulations
                Issue/Reg
                Social Cost of Carbon
                Order/Action
                • 3/28/2017

                  Section 5 of Executive Order 13783 disbands the Interagency Working Group on the Social Cost of Carbon and rescinds use of its guidance and support documents.

                Most Recent Action
                Litigation
                  Notes/Info/Chamber/Statements
                  Topic
                  Air Regulations
                  Issue/Reg
                  Startup, Shutdown, Malfunction (SSM)
                  Order/Action
                    Most Recent Action
                    Litigation
                    • 10/16/2018

                      EPA files its sixth 90-day status report stating that the rule is still under review. 

                    • 7/18/2018

                      EPA files its fifth 90-day status report.

                    • 4/19/2018

                      EPA files its fourth 90-day status report.

                    • 1/19/2018

                      EPA files its third 90-day status report.

                    • 10/23/2017

                      EPA files its second 90-day status report.

                    • 7/24/2017

                      EPA files first abeyance reporting indicating that it continues to review the SSM rule.

                    • 4/24/2017

                      D.C. Circuit grants DOJ/EPA request to delay scheduled oral arguments regarding challenges to 2015 EPA SSM rule, giving the agency  time to reconsider the rule. The Court’s order places the SSM legal challenge in abeyance for 90 days, and requires EPA to submit a 90-day status report.

                    • 6/12/2015

                      Environmental and industry groups file for review of Agency final rule regarding State Implementation Plans’ SSM policies. 

                    more
                    Notes/Info/Chamber/Statements

                    Case: Envtl. Comm. FL Elec. Power Coordinating Grp. v. EPA, No. 15-1239 (D.C. Cir.)

                    Topic
                    Air Regulations
                    Issue/Reg
                    Venting and Flaring
                    Order/Action
                    • 9/28/2018

                      BLM finalizes revisions to methane venting and flaring rule.

                    • 2/22/2018

                      BLM publishes proposed revisions to the Methane and Waste Prevention Rule

                      (Agency press release)

                      (Comment docket)

                    • 2/12/2018

                      BLM announces proposal to revise Methane Waste Prevention Rule.

                      (Agency press release)

                       

                    • 12/8/2017

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

                    • 10/5/2017

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

                    • 6/15/2017

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

                    • 3/28/2017

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

                    more
                    Most Recent Action
                    Litigation
                    • 10/30/2018

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

                    • 3/15/2018

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

                    • 3/14/2018

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

                    • 12/8/2017

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

                    • 12/4/2017

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

                    • 10/4/2017

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

                    • 7/5/2017

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

                    more
                    Notes/Info/Chamber/Statements

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

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

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

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

                    Topic
                    Electricity
                    Issue/Reg
                    Grid Management
                    Order/Action
                    • 1/8/2018

                      FERC rejects DOE grid resiliency proposal and initiates new proceeding to study the issue further. FERC

                      (Agency release)

                    • 10/10/2017

                      Department of Energy proposes Grid Resiliency Pricing Rule under Federal Power Act calling on FERC to order changes to pricing of resiliency and reliability attributes.

                    • 10/4/2017

                      FERC releases scoping questions for comment period on DOE Grid Reliability and Resiliency Pricing proposal.

                    more
                    Most Recent Action
                    Litigation
                      Notes/Info/Chamber/Statements
                      Topic
                      Endangered Species Act
                      Issue/Reg
                      Sage Grouse
                      Order/Action
                      • 1/9/2019

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

                      • 12/10/2018

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

                         

                      • 10/5/2018

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

                      • 5/4/2018

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

                      • 1/3/2018

                        BLM issues Sage Grouse Scoping Report.

                      • 12/27/2017

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

                      • 8/7/2017

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

                      • 6/7/2017

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

                      • 10/11/2017

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

                        (News Summary)

                      more
                      Most Recent Action
                      Litigation
                        Notes/Info/Chamber/Statements
                        Topic
                        Energy Financial / Royalties
                        Issue/Reg
                        Extractive Industries Payment Disclosure
                        Order/Action
                        • 2/14/2017

                          Public Law 115-4 using Congressional Review Act authority to repeal Securities and Exchange Commission regulations mandating public disclosure of reports of energy company finances and operations. 

                        Most Recent Action
                        Litigation
                          Topic
                          Energy Financial / Royalties
                          Issue/Reg
                          Multilateral Development Banks (MDBs)
                          Order/Action
                          • 7/17/2017

                            Department of Treasury modifies Obama Administration guidance prohibiting U.S. support for financing construction of coal plants internationally through MDBs, committing to “help countries access and use fossil fuels more cleanly and efficiently.”

                          Most Recent Action
                          Litigation
                            Notes/Info/Chamber/Statements
                            Topic
                            Energy Financial / Royalties
                            Issue/Reg
                            Office of Natural Resources Revenue (ONRR) Royalty Valuation Rule
                            Order/Action
                            • 8/7/2017

                              Interior’s Office of Natural Resources Revenue finalizes repeal of 2017 Valuation Rule.

                               

                              (Comment docket)

                            • 4/4/2017

                              Department of Interior’s ONRR formally proposes to repeal 2017 Valuation Rule pertaining to oil, gas, and coal royalties.

                            • 2/22/2017

                              Department of Interior’s ONRR announces stay of 2017 Valuation Rule pertaining to oil, gas, and coal royalties.

                              (News Summary)

                            more
                            Most Recent Action
                            Litigation
                            • 10/25/2017

                              Court denies Plaintiffs’ motion to relate the two rule delay challenges.

                            • 10/23/2017

                              Defendants file opposition to Plaintiffs’ motion.

                            • 10/18/2017

                              Plaintiffs file to relate the challenge to Delayed Royalty Rule to Plaintiffs’ challenge to the delay of  Department’s Coal Valuation Reform rule

                            • 8/30/2017

                              U.S. District Court for Northern California invalidates ONRR stay of Royalty Rule.

                            • 2/22/2017

                              State petitioners file for injunctive relief to stop the Department of Interior implementation of the Royalty Rule. 

                            more
                            Notes/Info/Chamber/Statements

                            Plaintiffs file move to relate the challenge to the Delayed Royalty Rule to Plaintiffs’ challenge to the delay of the Department’s Coal Valuation Reform rule. U.S. Chamber letter to House Natural Resources Committee supporting revisions to ONRR Valuation Rule (item VIII).

                            Case: Becerra v. Dep’t of Interior, No. 17-cv-02376-EDL (N.D. Cal.)

                            Topic
                            Energy Infrastructure
                            Issue/Reg
                            Energy Infrastructure
                            Order/Action
                            • 7/19/2017

                              Executive Order 13805 establishes Infrastructure Advisory Council within Department of Commerce to report on “funding, support, and delivery of infrastructure projects in several sectors including renewable energy, electricity transmission, and pipelines.”

                            Most Recent Action
                            Litigation
                              Notes/Info/Chamber/Statements
                              Topic
                              General / Energy Development
                              Issue/Reg
                              Energy Independence
                              Order/Action
                              Most Recent Action
                              Litigation
                                Notes/Info/Chamber/Statements

                                Draft final agency recommendations due to OMB in 120 days (July 26th, 2017).

                                Final report due in 180 days (September 24th, 201)

                                Topic
                                General / Energy Development
                                Issue/Reg
                                Energy Independence
                                Order/Action
                                • 3/29/2017

                                  Secretary Zinke signs Secretarial Order 3349, directing Department of Interior reviews of numerous regulations and policies impacting energy development.

                                Most Recent Action
                                Litigation
                                  Notes/Info/Chamber/Statements
                                  Topic
                                  General / Energy Development
                                  Issue/Reg
                                  Energy Independence
                                  Order/Action
                                  • 3/28/2017

                                    Comprehensive Executive Order 13783 promoting energy security and independence. (individual provisions tracked separately)

                                  Most Recent Action
                                  Litigation
                                    Notes/Info/Chamber/Statements

                                    Chamber President Tom Donohue Praises President Trump’s commitment to making regulatory relief and energy security a top priority