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 - 3/18/19 (Comment docket)
Interior (BLM) ANWR Coastal Plain EIS (FR notice) 12/20/18 - 3/13/19 (Comment docket)
EPA Revised WOTUS definition (FR Notice) 2/14/19 - 4/15/19 (Comment docket)
EPA MATS Supplemental Cost-Benefit Finding (FR Notice) 2/7/19 - 4/17/19 (Comment docket)
DOE Light Bulb Efficiency Standards (FR Notice) 2/11/19 - 4/12/19 (Comment docket)

The Tracker is updated regularly. This edition is updated through March 11, 2019.

  • Notable Developments Over the Last Month

  • 3/5/19: DOE authorizes LNG exports from Calcasieu Pass (LA) export terminal.

  • 3/1/19: Groups file suit in Alaska district court challenging Department of Interior’s approval of exploratory drilling in the National Petroleum Reserve-Alaska.

  • 2/21/19: FERC grants authorization for Calcasieu Pass LNG export terminal.

  • 2/20/19: Coalition of environmental groups file motion in South Carolina district court requesting preliminary injunction to halt seismic testing in the Atlantic until resolution of Plaintiffs’ claims.

  • 2/19/19: DC Circuit Court enters per curiam judgment dismissing challenges to the federal government’s approval of the Mountain Valley Pipeline, rejecting on the merits claims under the Takings Clause, due process, and the National Historic Preservation and Natural Gas acts. (News summary).

  • 2/15/19: Montana District Court issues order enjoining preparation of sites for off-right-of-way construction camps on public lands surveyed for cultural resources, ultimately blocking pre-construction work on Keystone XL Pipeline. (News summary)

  • 2/15/19: Coalition of environmental groups file notice of intent to sue Interior Department and Fish and Wildlife Service regarding decisions pertaining to sage grouse protections under the Endangered Species Act.

  • 2/11/19: DOE’s Office of Energy Efficiency and Renewable Energy (EERE) proposes modifications to efficiency standards for general service lamps. (Comment docket)

  • 2/7/19: EPA informs DC Circuit Court that it expects to complete action on the Affordable Clean Energy rule by the end of June.

  • 2/6/19: Second Circuit Court of Appeals finds that New York Department of Environmental Conservation 2017 denial of Clean Water Act Section 401 permit for the Northern Access pipeline  was baseless, and remanded the case back to the agency. (News summary)

  • 2/4/19: Environmental petitioners challenge December 2018 EPA rulemaking finalizing implementation requirements for the 2015 ozone standard.

  • 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 11 energy-related regulatory/policy reforms initiated or under review, 17 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
Permitting / NEPA LNG Permitting
  • 3/5/2019

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

  • 2/21/2019

    FERC grants authorization for Calcasieu Pass LNG export terminal.

  • FERC
  • Energy

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

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

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

    • Interior
    • 3/1/2019

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

    • 12/6/2018

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

    • 2/2/2018

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

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

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

      • Commerce
      • 2/20/2019

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

      • 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.

      more
      Permitting / NEPA Pipelines
      • 10/5/2018

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

      • 8/29/2018

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

      • 10/13/2017

        FERC grants final approval to Mountain Valley Pipeline.

        (News Summary)

      more
      • FERC
      • 2/19/2019

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

      • 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

      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
      • 2/19/2019

        Oral argument scheduled for April 1, 2019.

      • 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
      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
      • 2/15/2019

        Montana District Court issues order enjoining preparation of sites for off-right-of-way construction camps on public lands surveyed for cultural resources, ultimately blocking preconstruction work on Keystone XL Pipeline. (News summary)

      • 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.)

      Land Management / Leasing Monuments
      • Potus
      • Interior
      • 2/15/2019

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

      • 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)

       

      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
      • 2/14/2019

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

      Water Regulations / Fracking Waters of the U.S. (WOTUS)
      • 2/14/2019

        EPA and Army Corps WOTUS proposal formally published in Federal Register.

      • 12/11/2018

        EPA formally proposes revised definition of WOTUS.

        (Press release and fact sheets)

        (Comment docket)

      • 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.)

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

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

      • 5/1/2018

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

      • 3/21/2018

        BOEM announces results of Lease Sale 250.

      • 2/16/2018

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

        (Interior press release)

      • 10/24/2017

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

      • 5/1/2017

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

      more
      • Interior

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

        Air Regulations Regional Haze
        • 9/29/2017

          EPA finalizes withdrawal of regional haze FIP for Texas.

        • EPA
        • 2/12/2019

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

        • 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

        GEI blog: How Much Should Nothing Cost?

        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
          Regulatory Reform Regulatory Reform
          • 9/7/2017

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

          • 1/30/2017

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

          • Potus
          • OMB
          • 2/8/2019

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

          • 7/16/2018

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

          • 7/14/2018

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

          • 6/25/2018

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

          • 6/4/2018

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

          • 6/4/2018

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

          • 6/4/2018

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

          • 5/14/2018

            Defendants file motion to dismiss.

          • 4/2/2018

            Plaintiffs file motion for leave to file Second Amended Complaint.

          • 2/26/2018

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

          • 1/4/2018

            Defendants file response to plaintiffs’ supplemental memorandum.

             

          • 8/21/2017

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

          • 8/10/2017

            Oral arguments held before the court.

          • 2/8/2017

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

          • 7/19/2018

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

          more

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

          Air Regulations Startup, Shutdown, Malfunction (SSM)
            • EPA
            • 2/8/2019

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

            • 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

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

            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
            • 2/8/2019

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

            • 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.)

            Vehicles / Fuels Heavy duty truck mileage standards
            • 7/26/2018

              Acting Administrator Wheeler rescinds 7/6/18 “no action assurance” memo regarding enforcement of 2018 glider production cap.

            • 7/6/2018

              EPA enforcement office issues “no action assurance” memo determining that the agency will not enforce the 300-unit glider production cap for 2018.

            • 11/9/2017

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

              (News Summary)

            • 8/17/2017

              EPA announces intent to initiate a rulemaking to modify Phase II trailer and glider emission and fuel efficiency standard provisions.

            more
            • EPA
            • 2/8/2019

              EPA submits status report stating that it plans to meet with Trailer Petitioners to continue discussions regarding the Rule. 

            • 10/22/2018

              EPA submits its status report stating it is developing a proposed rule to revisit the trailer provisions of the Rule that is the subject of this litigation (Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium and Heavy Duty Engines and Vehicles – Phase 2, 10/25/16).  

            • 9/24/2018

              Petitioners file notice of withdrawal of their motion to compel EPA to submit detailed status report.

            • 8/17/2018

              Petitioners file their reply in support of motion to compel.

            • 7/16/2018

              EPA responds to petitioners’ motion to compel.

               

            • 8/6/2018

              Petitioners file motion to compel EPA to submit detailed status report.

            • 4/25/2018

              In accordance with court order (10/27/17), federal respondents submit a status report regarding greenhouse gas emissions and fuel efficiency standards for medium and heavy-duty engines and vehicles.

            • 1/22/2018

              Federal respondents file status report stating that they are working to develop a proposed rule.

            • 10/27/2017

              Court grants motion for stay, continuing abeyance.

            • 10/12/2017

              State Intervenors file their opposition to motion for stay.

            • 10/12/2017

              Environmental Intervenors file their opposition to motion for stay.

            • 10/12/2017

              Trailer petitioner files motion for stay.

            • 10/4/2017

              Court grants motion for extension of time; Responses to the Motion to Stay now due on Oct. 12.

            • 8/21/2017

              Cases to remain in abeyance pending further order.

            • 5/8/2017

              D.C. Circuit grants Trump Administration request for abeyance of lawsuit by truck trailer manufacturer trade association and others challenging August 2016 EPA-NHTSA regulations of greenhouse gas emissions from heavy-duty trucks.

            • 12/22/2016

              Industry group files for review of Agency final rule regarding Gas Emissions and Fuel Efficiency Standards.

            more

            Abeyance granted through approx. July 20.

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

            Air Regulations MATS "Supplemental Findings"
            • 2/7/2019

              EPA MATS supplemental cost finding proposal formally published in the Federal Register.

            • 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.)

            Permitting / NEPA Pipelines
            • 8/6/2018

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

            • 4/10/2018

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

            • 2/3/2018

              FERC approves Northern Access Pipeline. 

            more
            • FERC
            • 2/6/2019

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

            Air Regulations NAAQS
            • 12/6/2018

              EPA finalizes “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
            • 2/4/2019

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

            • 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
            • 2/8/2019

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

            • 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
            • 2/7/2019

              EPA MATS supplemental cost finding proposal formally published in the Federal Register.

            • 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
              • 2/4/2019

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

              • 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
              • 1/31/2019

                EPA extends comment period on proposed GHG NSPS reforms until 3/18/19.

              • 12/6/2018

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

                (Agency fact sheet)

                (Comment docket)

              • 9/10/2018

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

              • 5/9/2018

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

              • 3/28/2017

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

              more
              Most Recent Action
              Litigation
              • 1/31/2019

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

              • 10/23/2018

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

              • 7/24/2018

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

              • 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
              • 2/12/2019

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

              • 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
                  • 2/8/2019

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

                  • 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
                    • 2/14/2019

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

                    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