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
CEQ NEPA GHG Guidance (FR Notice) 6/26/19 - 8/26/19 (Comment docket)
DOE Dishwasher efficiency standards (FR Notice) 7/16/19 - 9/16/19 (Comment docket)
EPA Section 112 "Once-in, Always-in" (FR Notice) 7/26/19 - 9/24/19 (Comment docket)
EPA Coal Combustion Residuals (FR Notice) 8/14/19 - 10/5/19 (Comment docket)
EPA NSR Project Emissions Accounting (FR Notice) 8/9/19 - 10/8/19 (Comment docket)
EPA CWA Section 401 (FR Notice) 8/22/19 - 10/21/19 (Comment docket)

The Tracker is updated regularly. This edition is updated through September 18, 2019.

  • Notable Developments Over the Last Month

  • 9/12/19: EPA and Army Corps finalize rule repealing WOTUS. (EPA press release)

  • 9/12/19: BLM releases final EIS on ANWR Coastal Plain leasing proposal.

  • 9/10/19: This Circuit Court rules against PennEast Pipeline, finding that the Natural Gas Act does not abrogate State sovereign immunity as a corollary of its grant of eminent domain, effectively blocking PennEast from building on land owned by the state of New Jersey.

  • 9/5/19: DOE finalizes reforms to energy efficiency standards for general service lamps. 

  • 8/28/19: Fifth Circuit upholds EPA's delay of compliance deadlines for parts of Effluent Limitations Guidelines rule.

  • 8/27/19: Department of Interior finalizes Endangered Species Act reforms pertaining to (1) listing and critical habitat, (2) protective regulations, and (3) interagency cooperation.(Agency press release

  • 8/23/19: D.C. Circuit Court issues opinion denying petitions for review of 2015 ozone standard, except with respect to the secondary ozone standard, which it remanded for reconsideration. 

  • 8/20/19: EPA releases guidance to states regarding second period of regional haze implementation. 

  • 8/9/19: EPA proposes rule reforming New Source Review project emissions accounting requirements. (Comment docket

  • 8/9/19: EPA proposes rule reforming Clean Water Act Section 401 certification procedures. (Agency press release)(Comment docket

  • 8/8/19: Montana district court schedules 10/3/19 hearing to review environmental groups' challenge to Keystone XL pipeline construction permit. 

  • 8/2/19: Coalition of 13 states led by California file suit in second circuit challenging NHTSA rulemaking reducing financial penalties related to fuel economy standards. 

  • 8/2/19: D.C. Circuit Court issues opinion denying challenge to Atlantic Sunrise pipeline permits, finding that the challenges to the Commission's order permitting the pipeline expansion cannot surmount the deferential standards of agency review.

  • 7/26/19: Fourth Circuit Court vacates Fish and Wildlife Endangered Species Act evaluation and permit for the Atlantic Coast Pipeline.  

  • See Full List 

In addition to the comprehensive tracking database below, cumulative data quantifying the status and progress of Trump Administration energy actions is tabulated in this simplified quick reference list. As of this edition of the Tracker, energy-related actions taken by President Trump include 12 executive orders, 6 presidential memoranda, and provisions in 7 public laws. Further, by our best estimate, there are currently 13 energy-related regulatory/policy reforms initiated or under review, 11 reforms formally proposed, and 48 reform actions that have been finalized or completed. (These figures do not include project-specific actions such as leases or permit approvals.) 

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

 

Indicates Public Law
Topic Issue/Reg Orders/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
Permitting / NEPA LNG Permitting
  • 5/2/2019

    DOE Secretary Perry signs orders authorizing export of LNG from the Driftwood and Port Arthur terminals.

  • 3/18/2019

    FERC approves final EIS for Driftwood and Port Arthur LNG terminals and pipelines.

Energy, FERC
    Tax Carbon Capture
    • 5/2/2019

      IRS requests comment on proposed revisions to “45Q” tax credit guidelines pertaining to carbon capture and sequestration activities.

    • 2/9/2018

      Section 41119: Enhancement of Carbon Dioxide Sequestration Credit. Section 45Q provides a credit for carbon dioxide (CO2) sequestration and is available to taxpayers that capture qualified CO2 at a qualified facility – such as a coal power plant or manufacturing facility – and dispose of the CO2 in secure geological storage or use it as an injectant in an enhanced oil or natural gas recovery project. The provision amends Section 45Q by: allowing facilities that have commenced construction within 7 years of enactment to qualify; allowing qualified taxpayers to claim the credit for 12 years; expanding the credit to include CO2 disposed of through utilization in another end product; and increasing the credit amounts for geologic storage and enhanced oil recovery.

       

    Treasury
      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
      • 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.

      • 11/1/2017

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

      • 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.

         

      • 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.

      • 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.

      • 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.

      • 7/13/2018

        Court denies environmental petitioners’ motion to lift abeyance.

      • 9/13/2018

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

      • 1/10/2019

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

      • 5/1/2019

        Court enters order holding case in abeyance. Parties ordered to file status reports by Aug. 1, 2019

      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

      Air Regulations Startup, Shutdown, Malfunction (SSM)
      • 4/29/2019

        EPA Region 6 proposes revisions to Texas’ Startup, Shutdown, or Malfunction (SSM) implementation plan. (Comment docket)

      EPA
        Land Management / Leasing Monuments
        • 8/31/2018

          Bureau of Land Management releases draft environmental impact statement for revised boundaries of Grand Staircase Escalante national monument.

          (Comment docket)

        • 8/30/2018

          Department of Interior announces creation of Bears Ears National Monument Advisory Committee.

        • 8/17/2018

          Bureau of Land Management releases draft EIS for revised boundaries of Bears Ears national monument.

        • 3/9/2018

          Department of Interior announces four public scoping meetings as part of ongoing land use planning for Bears Ears National Monument (BENM) and Grand Staircase-Escalante National Monument (GSENM).

        more
        Interior
        • 4/23/2019

          Environmental petitioners file suit in Utah District Court challenging oil and gas leases on the Bears Ears, Canyons of the Ancients, and Hovenweep National Monuments.

        Case Southern Utah Wilderness Alliance v. Bernhardt, No. 2:19-cv-00266-RJS 

        Renewables/Energy Efficiency Hydro
        • 4/18/2019

           FERC finalizes expedited licensing process for hydroelectric facilities.

          Water Regulations / Fracking Other
          • 4/15/2019

            EPA issues interpretative statement regarding “direct hydrologic connection” theory of Clean Water Act (CWA) jurisdiction.

          • 2/20/2018

            EPA requests comment on the Agency's previous statements regarding the Clean Water Act (CWA) and whether pollutant discharges from point sources that reach surface waters via groundwater or other subsurface flow that has a “direct hydrologic connection” to the surface water may be subject to CWA regulation.

          EPA

            5/21/18: Coalition comments on EPA request for information regarding direct hydrologic connection and associated Clean Water Act jurisdiction.

            Air Regulations Regional Haze
            • 9/29/2017

              EPA finalizes withdrawal of regional haze FIP for Texas.

            EPA
            • 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.

            • 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.

            • 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.

            • 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.

            • 4/15/2019

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

            more

            GEI blog: How Much Should Nothing Cost?

            Energy Infrastructure Energy Infrastructure
            • 4/10/2019

              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.”

            Potus, EPA, Interior, DOL, DOT
              Energy Infrastructure Energy Infrastructure
              • 4/10/2019

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

              Potus
                Air Regulations Venting and Flaring
                • 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
                Potus, Interior
                • 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)

                • 12/4/2017

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

                • 12/8/2017

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

                • 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)

                • 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.

                • 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.

                more

                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).

                Energy Financial / Royalties Waste Prevention Rule
                • 11/18/2016

                  BLM issues final rule promulgating new regulations to reduce waste of natural gas from venting, flaring and leaks during oil and gas production activities.

                Interior
                • 12/19/2017

                  States file complaint against BLM (No. 17-7186).

                • 12/1/2017

                  Environmental groups file complaint against BLM (No. 17-7187).

                • 3/9/2018

                  BLM files answer to complaint (Case. No. 17-7186).

                • 2/22/2018

                  Court enters order denying BLM’s motion to transfer venue and granting preliminary injunction (No. 17-7186).

                • 2/26/2018

                  Court enters order granting Trade Associations’ motion to intervene (No. 17-7187).

                   

                • 5/29/2018

                  Intervenors Western Energy Alliance and Independent Petroleum Association of America file their Answer to complaint. (No. 17-7187).

                • 5/29/2018

                  Intervenor API files its Answer to complaint. (No.17-7186).

                • 4/23/2018

                  Defendants appeal Ninth Circuit district order denying motion to transfer venue and granting preliminary injunction. (No. 17-7186).

                • 10/22/2018

                  Pursuant to the parties’ administrative motion, the court enters order holding the two litigations in abeyance pending expiration of the Suspension Rule on Jan. 17, 2019.

                • 3/29/2019

                  Court enters order granting the parties’ joint stipulation of voluntary dismissal. 

                more

                Consolidated cases:

                California v. BLM, No. 17-7186 (N.D. CA). [CASE CLOSED]

                Sierra Club v. BLM, No. 17-7187 (N.D. CA). [CASE CLOSED]

                Endangered Species Act Sage Grouse
                • 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.

                • 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)

                • 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.

                more
                Interior
                • 2/14/2019

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

                • 3/27/2019

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

                Nuclear Energy Loan Guarantees
                • 3/22/2019

                  Secretary Perry announces financial close of $3.7 billion loan guarantee to finance the continued construction of nuclear plant units in Georgia (Vogtle Units 3 and 4). 

                Energy
                  Permitting / NEPA LNG Permitting
                  • 3/22/2019

                    FERC approves final EIS for Texas LNG export terminal.

                    Land Management / Leasing Monuments
                    Potus, Interior
                    • 12/4/2017

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

                       

                    • 1/4/2018

                      Plaintiffs file their notice of consent for consolidation of cases.

                    • 1/20/2018

                      Plaintiffs file motion for partial summary judgment.

                    • 2/15/2018

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

                    • 2/1/2018

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

                    • 1/18/2018

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

                    • 2/15/2018

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

                    • 2/1/2018

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

                    • 12/12/2018

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

                    • 11/15/2018

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

                    • 10/1/2018

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

                    • 2/15/2019

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

                    • 3/22/2019

                      Court enters minute order denying plaintiffs’ motion for partial summary judgment. (No. 17-2591)

                    • 3/20/2019

                      Environmental groups, members of congress and other professional groups file amicus briefs. (No. 17-2587)

                    more

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


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

                     

                    Regulatory Reform Regulatory Reform
                    • 9/7/2017

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

                    • 1/30/2017

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

                    Potus, OMB
                    • 1/4/2018

                      Defendants file response to plaintiffs’ supplemental memorandum.

                       

                    • 8/21/2017

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

                    • 8/10/2017

                      Oral arguments held before the court.

                    • 2/8/2017

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

                    • 4/2/2018

                      Plaintiffs file motion for leave to file Second Amended Complaint.

                    • 6/4/2018

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

                    • 6/4/2018

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

                    • 6/4/2018

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

                    • 5/14/2018

                      Defendants file motion to dismiss.

                    • 2/26/2018

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

                    • 7/16/2018

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

                    • 7/14/2018

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

                    • 6/25/2018

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

                    • 7/19/2018

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

                    • 2/8/2019

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

                    • 3/22/2019

                      Federal defendants file their answer to amended complaint. 

                    more

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

                    Electricity Transmission
                    • 3/21/2019

                      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.

                    FERC
                      Permitting / NEPA LNG Permitting
                      • 3/5/2019

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

                      • 2/21/2019

                        FERC grants authorization for Calcasieu Pass LNG export terminal.

                      Energy, FERC

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

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

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

                        Interior
                        • 12/6/2018

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

                        • 2/2/2018

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

                        • 3/1/2019

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

                        more
                        Topic
                        Permitting / NEPA
                        Issue/Reg
                        LNG Permitting
                        Orders/Action
                        • 5/2/2019

                          DOE Secretary Perry signs orders authorizing export of LNG from the Driftwood and Port Arthur terminals.

                        • 3/18/2019

                          FERC approves final EIS for Driftwood and Port Arthur LNG terminals and pipelines.

                        Most Recent Action
                        Agency
                        Energy, FERC
                        Litigation (if any)
                          Notes/Info/Chamber Statements
                          Topic
                          Tax
                          Issue/Reg
                          Carbon Capture
                          Orders/Action
                          • 5/2/2019

                            IRS requests comment on proposed revisions to “45Q” tax credit guidelines pertaining to carbon capture and sequestration activities.

                          • 2/9/2018

                            Section 41119: Enhancement of Carbon Dioxide Sequestration Credit. Section 45Q provides a credit for carbon dioxide (CO2) sequestration and is available to taxpayers that capture qualified CO2 at a qualified facility – such as a coal power plant or manufacturing facility – and dispose of the CO2 in secure geological storage or use it as an injectant in an enhanced oil or natural gas recovery project. The provision amends Section 45Q by: allowing facilities that have commenced construction within 7 years of enactment to qualify; allowing qualified taxpayers to claim the credit for 12 years; expanding the credit to include CO2 disposed of through utilization in another end product; and increasing the credit amounts for geologic storage and enhanced oil recovery.

                             

                          Most Recent Action
                          Agency
                          Treasury
                          Litigation (if any)
                            Notes/Info/Chamber Statements
                            Topic
                            Air Regulations
                            Issue/Reg
                            Regional Haze
                            Orders/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
                            Agency
                            EPA
                            Litigation (if any)
                            • 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.

                            • 11/1/2017

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

                            • 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.

                               

                            • 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.

                            • 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.

                            • 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.

                            • 7/13/2018

                              Court denies environmental petitioners’ motion to lift abeyance.

                            • 9/13/2018

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

                            • 1/10/2019

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

                            • 5/1/2019

                              Court enters order holding case in abeyance. Parties ordered to file status reports by Aug. 1, 2019

                            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
                            Startup, Shutdown, Malfunction (SSM)
                            Orders/Action
                            • 4/29/2019

                              EPA Region 6 proposes revisions to Texas’ Startup, Shutdown, or Malfunction (SSM) implementation plan. (Comment docket)

                            Most Recent Action
                            Agency
                            EPA
                            Litigation (if any)
                              Notes/Info/Chamber Statements
                              Topic
                              Land Management / Leasing
                              Issue/Reg
                              Monuments
                              Orders/Action
                              • 8/31/2018

                                Bureau of Land Management releases draft environmental impact statement for revised boundaries of Grand Staircase Escalante national monument.

                                (Comment docket)

                              • 8/30/2018

                                Department of Interior announces creation of Bears Ears National Monument Advisory Committee.

                              • 8/17/2018

                                Bureau of Land Management releases draft EIS for revised boundaries of Bears Ears national monument.

                              • 3/9/2018

                                Department of Interior announces four public scoping meetings as part of ongoing land use planning for Bears Ears National Monument (BENM) and Grand Staircase-Escalante National Monument (GSENM).

                              more
                              Most Recent Action
                              Agency
                              Interior
                              Litigation (if any)
                              • 4/23/2019

                                Environmental petitioners file suit in Utah District Court challenging oil and gas leases on the Bears Ears, Canyons of the Ancients, and Hovenweep National Monuments.

                              Notes/Info/Chamber Statements

                              Case Southern Utah Wilderness Alliance v. Bernhardt, No. 2:19-cv-00266-RJS 

                              Topic
                              Renewables/Energy Efficiency
                              Issue/Reg
                              Hydro
                              Orders/Action
                              • 4/18/2019

                                 FERC finalizes expedited licensing process for hydroelectric facilities.

                              Most Recent Action
                              Agency
                              Litigation (if any)
                                Notes/Info/Chamber Statements
                                Topic
                                Water Regulations / Fracking
                                Issue/Reg
                                Other
                                Orders/Action
                                • 4/15/2019

                                  EPA issues interpretative statement regarding “direct hydrologic connection” theory of Clean Water Act (CWA) jurisdiction.

                                • 2/20/2018

                                  EPA requests comment on the Agency's previous statements regarding the Clean Water Act (CWA) and whether pollutant discharges from point sources that reach surface waters via groundwater or other subsurface flow that has a “direct hydrologic connection” to the surface water may be subject to CWA regulation.

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

                                  5/21/18: Coalition comments on EPA request for information regarding direct hydrologic connection and associated Clean Water Act jurisdiction.

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

                                    EPA finalizes withdrawal of regional haze FIP for Texas.

                                  Most Recent Action
                                  Agency
                                  EPA
                                  Litigation (if any)
                                  • 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.

                                  • 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.

                                  • 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.

                                  • 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.

                                  • 4/15/2019

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

                                  more
                                  Notes/Info/Chamber Statements
                                  Topic
                                  Energy Infrastructure
                                  Issue/Reg
                                  Energy Infrastructure
                                  Orders/Action
                                  • 4/10/2019

                                    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.”

                                  Most Recent Action
                                  Agency
                                  Potus, EPA, Interior, DOL, DOT
                                  Litigation (if any)
                                    Notes/Info/Chamber Statements
                                    Topic
                                    Energy Infrastructure
                                    Issue/Reg
                                    Energy Infrastructure
                                    Orders/Action
                                    • 4/10/2019

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

                                    Most Recent Action
                                    Agency
                                    Potus
                                    Litigation (if any)
                                      Notes/Info/Chamber Statements
                                      Topic
                                      Air Regulations
                                      Issue/Reg
                                      Venting and Flaring
                                      Orders/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
                                      Agency
                                      Potus, Interior
                                      Litigation (if any)
                                      • 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)

                                      • 12/4/2017

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

                                      • 12/8/2017

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

                                      • 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)

                                      • 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.

                                      • 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.

                                      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
                                      Energy Financial / Royalties
                                      Issue/Reg
                                      Waste Prevention Rule
                                      Orders/Action
                                      • 11/18/2016

                                        BLM issues final rule promulgating new regulations to reduce waste of natural gas from venting, flaring and leaks during oil and gas production activities.

                                      Most Recent Action
                                      Agency
                                      Interior
                                      Litigation (if any)
                                      • 12/19/2017

                                        States file complaint against BLM (No. 17-7186).

                                      • 12/1/2017

                                        Environmental groups file complaint against BLM (No. 17-7187).

                                      • 3/9/2018

                                        BLM files answer to complaint (Case. No. 17-7186).

                                      • 2/22/2018

                                        Court enters order denying BLM’s motion to transfer venue and granting preliminary injunction (No. 17-7186).

                                      • 2/26/2018

                                        Court enters order granting Trade Associations’ motion to intervene (No. 17-7187).

                                         

                                      • 5/29/2018

                                        Intervenors Western Energy Alliance and Independent Petroleum Association of America file their Answer to complaint. (No. 17-7187).

                                      • 5/29/2018

                                        Intervenor API files its Answer to complaint. (No.17-7186).

                                      • 4/23/2018

                                        Defendants appeal Ninth Circuit district order denying motion to transfer venue and granting preliminary injunction. (No. 17-7186).

                                      • 10/22/2018

                                        Pursuant to the parties’ administrative motion, the court enters order holding the two litigations in abeyance pending expiration of the Suspension Rule on Jan. 17, 2019.

                                      • 3/29/2019

                                        Court enters order granting the parties’ joint stipulation of voluntary dismissal. 

                                      more
                                      Notes/Info/Chamber Statements

                                      Consolidated cases:

                                      California v. BLM, No. 17-7186 (N.D. CA). [CASE CLOSED]

                                      Sierra Club v. BLM, No. 17-7187 (N.D. CA). [CASE CLOSED]

                                      Topic
                                      Endangered Species Act
                                      Issue/Reg
                                      Sage Grouse
                                      Orders/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.

                                      • 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)

                                      • 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.

                                      more
                                      Most Recent Action
                                      Agency
                                      Interior
                                      Litigation (if any)
                                      • 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.

                                      • 3/27/2019

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

                                      Notes/Info/Chamber Statements
                                      Topic
                                      Nuclear Energy
                                      Issue/Reg
                                      Loan Guarantees
                                      Orders/Action
                                      • 3/22/2019

                                        Secretary Perry announces financial close of $3.7 billion loan guarantee to finance the continued construction of nuclear plant units in Georgia (Vogtle Units 3 and 4). 

                                      Most Recent Action
                                      Agency
                                      Energy
                                      Litigation (if any)
                                        Notes/Info/Chamber Statements
                                        Topic
                                        Permitting / NEPA
                                        Issue/Reg
                                        LNG Permitting
                                        Orders/Action
                                        • 3/22/2019

                                          FERC approves final EIS for Texas LNG export terminal.

                                        Most Recent Action
                                        Agency
                                        Litigation (if any)
                                          Notes/Info/Chamber Statements
                                          Topic
                                          Land Management / Leasing
                                          Issue/Reg
                                          Monuments
                                          Orders/Action
                                          Most Recent Action
                                          Agency
                                          Potus, Interior
                                          Litigation (if any)
                                          • 12/4/2017

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

                                             

                                          • 1/4/2018

                                            Plaintiffs file their notice of consent for consolidation of cases.

                                          • 1/20/2018

                                            Plaintiffs file motion for partial summary judgment.

                                          • 2/15/2018

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

                                          • 2/1/2018

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

                                          • 1/18/2018

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

                                          • 2/15/2018

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

                                          • 2/1/2018

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

                                          • 12/12/2018

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

                                          • 11/15/2018

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

                                          • 10/1/2018

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

                                          • 2/15/2019

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

                                          • 3/22/2019

                                            Court enters minute order denying plaintiffs’ motion for partial summary judgment. (No. 17-2591)

                                          • 3/20/2019

                                            Environmental groups, members of congress and other professional groups file amicus briefs. (No. 17-2587)

                                          more
                                          Notes/Info/Chamber Statements

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


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

                                           

                                          Topic
                                          Regulatory Reform
                                          Issue/Reg
                                          Regulatory Reform
                                          Orders/Action
                                          • 9/7/2017

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

                                          • 1/30/2017

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

                                          Most Recent Action
                                          Agency
                                          Potus, OMB
                                          Litigation (if any)
                                          • 1/4/2018

                                            Defendants file response to plaintiffs’ supplemental memorandum.

                                             

                                          • 8/21/2017

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

                                          • 8/10/2017

                                            Oral arguments held before the court.

                                          • 2/8/2017

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

                                          • 4/2/2018

                                            Plaintiffs file motion for leave to file Second Amended Complaint.

                                          • 6/4/2018

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

                                          • 6/4/2018

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

                                          • 6/4/2018

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

                                          • 5/14/2018

                                            Defendants file motion to dismiss.

                                          • 2/26/2018

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

                                          • 7/16/2018

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

                                          • 7/14/2018

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

                                          • 6/25/2018

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

                                          • 7/19/2018

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

                                          • 2/8/2019

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

                                          • 3/22/2019

                                            Federal defendants file their answer to amended complaint. 

                                          more
                                          Notes/Info/Chamber Statements

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

                                          Topic
                                          Electricity
                                          Issue/Reg
                                          Transmission
                                          Orders/Action
                                          • 3/21/2019

                                            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.

                                          Most Recent Action
                                          Agency
                                          FERC
                                          Litigation (if any)
                                            Notes/Info/Chamber Statements
                                            Topic
                                            Permitting / NEPA
                                            Issue/Reg
                                            LNG Permitting
                                            Orders/Action
                                            • 3/5/2019

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

                                            • 2/21/2019

                                              FERC grants authorization for Calcasieu Pass LNG export terminal.

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

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

                                              Topic
                                              Land Management / Leasing
                                              Issue/Reg
                                              Alaska Petroleum Reserve (NPR-A)
                                              Orders/Action
                                              • 10/26/2017

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

                                              Most Recent Action
                                              Agency
                                              Interior
                                              Litigation (if any)
                                              • 12/6/2018

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

                                              • 2/2/2018

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

                                              • 3/1/2019

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

                                              more
                                              Notes/Info/Chamber Statements