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 and Recently Completed Comment Periods
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)
EPA Year-round E15 (FR Notice) 3/21/19 - 4/29/19 (Comment docket)
FERC Electric Transmission Incentives (FR Notice) 3/28/19 - 6/26/19 (FERC docket PL19-3-000)

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

  • Notable Developments Over the Last Month

  • 4/10/19: President Trump signs Executive Order on energy infrastructure directing numerous actions aimed at enabling “the timely construction of the infrastructure needed to move our energy resources through domestic and international commerce.”

  • 4/10/19: President Trump signs Executive Order “revising the process for development and issuance of Presidential permits” involving infrastructure permitting at border crossings.

  • 4/9/19: Tenth Circuit grants motion to dismiss challenge to 2016 venting and flaring regulation on mootness grounds stemming from BLM’s finalization of revisions.

  • 4/8/19: Environmental petitioners file suit challenging presidential memorandum granting permit to Keystone XL pipeline. (News summary)

  • 3/29/19: President Trump signs Presidential Memorandum granting permit to construct Keystone XL pipeline.

  • 3/27/19: Environmental groups file suit in Idaho District Court challenging BLM sage grouse management plans. (News summary)

  • 3/21/19: EPA proposes rule to allow E15 waiver and to improve renewable identification number (RIN) market transparency. 

  • 3/21/19: FERC opens Notice of Inquiry seeking comment on the scope and implementation of its electric transmission incentives aimed at ensuring reliability and reducing the cost of delivered power by reducing transmission congestion.

  • 3/22/19: Secretary Perry announces financial close of $3.7 billion loan guarantee to support the continued construction of Vogtle nuclear plant units in Georgia. 

  • 3/21/19: EPA sends proposed reforms to New Source Review project emissions accounting requirements to OMB-OIRA for review.

  • 3/20/19: BLM announces final record of decision and approved resource management plan amendments for sage grouse conservation in Oregon, Wyoming, Idaho, Colorado, Utah, and NE California.

  • 3/20/19: FERC approves final EIS for Texas LNG export terminal.

  • 3/19/19: Third Circuit grants request for stay blocking construction of Penn East pipeline while it reviews a challenge on eminent domain grounds. (News summary).

  • See Full List 

In addition to the comprehensive tracking database below, cumulative data quantifying the status and progress of Trump Administration energy actions is tabulated in this simplified quick reference list. As of this edition of the Tracker, energy-related actions taken by President Trump include 12 executive orders, 6 presidential memoranda, and provisions in 7 public laws. Further, by our best estimate, there are currently 15 energy-related regulatory/policy reforms initiated or under review, 17 reforms formally proposed, and 37 reform actions that have been finalized or completed. (These figures do not include project-specific actions such as leases or permit approvals.) 

Please contact Dan Byers of GEI (dbyers@uschamber.com) or David Friedland of Beveridge and Diamond (dfriedland@bdlaw.com, 202.789.6047) with questions, updates, or suggestions. For specific legal documents, please contact Beveridge and Diamond.

 

X

Energy Tracker

Indicates Public Law
Topic Issue/Reg Order/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
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

    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
        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.)

          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

          04/17/19: U.S. Chamber comments on MATS proposal

          03/26/19: Coalition comments on MATS proposal

          03/18/19: U.S. Chamber comments at EPA public hearing on MATS proposal

          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.)

          Air Regulations Power Plant CO2 New Source Performance Standards (NSPS)
          • 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
          • Potus
          • EPA
          • 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

          03/19/19: U.S. Chamber comments on proposed NSPS reforms.

          Litigation details at U.S. Chamber Litigation Center

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

          Water Regulations / Fracking Coal Combustion Residuals
          • 7/30/2018

            EPA finalizes revisions to 2015 coal combustion residuals (CCR) rulemaking. 

          • 6/18/2018

            EPA announces approval of Oklahoma permit program for managing coal combustion residuals--the first state permit of its kind.

          • 5/9/2018

            OMB-OIRA semiannual unified regulatory agenda projects NPRM addressing CCR modifications in September 2018.

          • 3/1/2018

            EPA proposes amendments to Phase I of 2015 CCR regulations.

            (Comment docket)

          • 9/14/2017

            EPA announces that it plans to reconsider certain provisions of 2015 coal combustion residuals (coal ash) regulations.

          • 8/15/2017

            EPA releases interim final guidance for development of state coal combustion residual permitting programs; opens 30 day comment period.

            (News Summary)

          • 5/12/2017

            Petition filed with EPA for review of Coal Ash rule by Utility Solid Waste Activities Group.

          more
          • EPA
          • 1/31/2019

            EPA files response to petitioners request for stay or summary vacatur of 7/30/18 CCR revisions.

          • 10/22/2018

            Environmental petitioners file suit in D.C. Circuit challenging EPA’s revisions to 2015 coal combustion residuals rulemaking.

          • 10/15/2018

            Court issues mandate ordering 8/21/2018 decision:

            1) denying EPA’s abeyance motion, 2) partially granting EPA’s remand motion, 3) partially granting Environmental petition and 4) denying Industry petition.

          • 11/20/2017

            Oral argument held.

          • 11/15/2017

            EPA files its status report setting forth provisions of the Final Rule that are or are likely to be reconsidered by the Agency.

          • 11/13/2017

            Environmental Petitioners and Intervenors file opposition to motion for voluntary remand.

          • 11/7/2017

            Petitioner files motion for voluntary remand.

          • 9/27/2017

            Court reschedules oral argument to 11/20/17.

          • 9/18/2017

            Government files motion to hold case in abeyance pending EPA reconsideration of the rule.

          • 8/3/2017

            Order filed scheduling oral arguments for October 17.

          • 7/5/2015

            Industry petitioners file for review of EPA’s final “Hazardous and Solid Waste Management System; Disposal of coal Combustion Residuals from Electric Utilities” final rule.

          more

          Case: Util. Solid Waste Activities Grp. v. EPA, No. 15-1219 (D.C. Cir.).

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

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

          • 1/9/2019

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

          • 12/19/2018

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

          • 6/7/2018

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

          • 4/20/2018

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

          • 12/22/2017

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

             

             

          • 8/11/2017

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

          more
          • Interior

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

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

            Air Regulations CAA Section 112
            • 11/26/2018

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

            • 7/10/2018

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

              (Comment docket)

            • 4/10/2018

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

              (Comment docket)

            more
            • EPA
            • 1/25/2019

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

            Permitting / NEPA Pipelines
            • 9/17/2018

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

            • 8/10/2018

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

            • 10/13/2017

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

              (News Summary)

            • 7/21/2017

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

            more
            • FERC
            • 1/23/2019

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

            • 1/14/2019

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

            • 12/28/2018

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

              (News summary)

            • 12/13/2018

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

            • 12/7/2018

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

            • 7/11/2018

              Federal respondents file their opposition to petitioners’ brief.

            • 4/24/2018

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

            more

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

            Chamber infographic: Benefits of the Atlantic Coast Pipeline

            Air Regulations Regional Haze
            • 11/30/2018

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

            • 2/12/2018

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

            • 9/11/2017

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

            • 7/13/2017

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

            more
            • EPA
            • 1/10/2019

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

            • 9/13/2018

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

            • 7/13/2018

              Court denies environmental petitioners’ motion to lift abeyance.

            • 6/6/2018

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

            • 4/4/2018

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

            • 3/7/2018

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

            • 2/21/2018

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

            • 2/12/2018

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

            • 2/12/2018

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

            • 2/1/2018

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

            • 1/25/2018

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

            • 1/22/2018

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

            • 1/11/2018

              Entergy files motion to stay EPA’s final rule.

            • 1/11/2018

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

            • 1/10/2018

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

            • 1/4/2018

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

            • 1/2/2018

              Environmental groups file their response to Entergy’s opposition.

            • 12/29/2017

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

            • 12/26/2017

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

               

            • 12/22/2017

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

            • 12/20/2017

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

            • 11/1/2017

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

            • 7/31/2017

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

            • 11/23/2016

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

            more

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

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

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

            Permitting / NEPA Pipelines
            • 2/17/2017

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

            • 1/24/2017

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

            • 1/7/2019

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

            • 11/1/2018

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

            • 8/31/2018

              U.S. Army of Engineers submits status report.

            • 6/8/2018

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

            • 5/2/2018

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

            • 4/30/2018

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

            • 4/3/2018

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

            • 4/2/2018

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

            • 2/28/2018

              Dakota Access files its Status Report.

            • 2/9/2018

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

            • 2/7/2018

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

            • 2/1/2018

              Army Corps of Engineers files its second status report.

            • 1/26/2018

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

            • 1/10/2018

              Army Corps of Engineers files a summary judgment motion.

            • 1/10/2018

              Dakota Access files a summary judgment motion.

            • 12/29/2017

              Dakota Access files its first status report.

            • 12/4/2017

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

            • 11/15/2017

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

            • 11/13/2017

              Environmental petitioners file motion for partial summary judgment.

            • 11/1/2017

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

            • 11/1/2017

              Intervenor files its motion regarding imposition of remand conditions.

            • 10/11/2017

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

            • 10/6/2017

              Court grants Plaintiff’s Motion to Amend Protective Order.

            • 6/14/2017

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

            • 7/27/2016

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

            more

            Chamber applauds final approval of the Dakota Access Pipeline.

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

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

            Case details at Chamber litigation center

            Nuclear Energy Technology Development
            • NRC
              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
              • 3/24/2019

                Oral argument scheduled for June 4, 2019. (No. 18-36082).

              • 3/14/2019

                Respondent-Intervenors file their opposition to EPA’s request to hold case in abeyance. (No. 15-1363).

              • 3/11/2019

                EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by second quarter of 2019 and requesting case to be held in abeyance. (No. 15-1363).

              • 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. 

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

              • 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

              04/17/19: U.S. Chamber comments on MATS proposal

              03/26/19: Coalition comments on MATS proposal

              03/18/19: U.S. Chamber comments at EPA public hearing on MATS proposal

              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

                03/19/19: U.S. Chamber comments on proposed NSPS reforms.

                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
                    • 4/9/2019

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

                    • 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
                      • 3/20/2019

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

                      • 1/9/2019

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

                      • 12/10/2018

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

                         

                      • 10/5/2018

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

                      • 5/4/2018

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

                      • 1/3/2018

                        BLM issues Sage Grouse Scoping Report.

                      • 12/27/2017

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

                      • 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
                      • 3/27/2019

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

                      • 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