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.

 

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Energy Tracker

Indicates Public Law
Topic Issue/Reg Order/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
Vehicles / Fuels Renewable Fuel Standard (RFS)
  • 12/11/2018

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

    (Agency summary)

  • 10/19/2018

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

  • 10/11/2018

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

  • 6/26/2018

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

  • 12/12/2017

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

  • 11/30/2017

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

  • 10/4/2017

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

    (News Summary)

  • 7/21/2017

    EPA proposes renewable fuel volumetric blending requirements for 2018.

more
  • EPA
    Permitting / NEPA Pipelines
    • 10/4/2018

      FERC grants approval to Atlantic Sunrise pipeline to begin full service operations.

    • 2/3/2017

      FERC grants final permit approvals for Atlantic Sunrise Pipeline.

    • FERC
    • 12/7/2018

      Oral argument held before Judges Garland, Tatel and Millet.

    • 10/17/2018

      Oral argument scheduled for Dec. 7, 2018.

    • 7/2/2018

      Petitioners file their joint reply brief.

    • 7/2/2018

      Petitioners file their joint opening brief.

    • 6/29/2018

      Respondent FERC files its brief.

    • 6/27/2018

      Intervenors file their joint brief.

    • 6/7/2018

      Joint petitioners, Allegheny Defense Project and Hilltop Hollow Ltd. Partnership file reply brief.

    • 5/24/2018

      Intervenors Transco, Anadarko, Chief Oil and Southern Co. file their brief.

    • 5/10/2018

      Respondent, FERC files brief.

    • 3/9/2018

      Petitioners file their joint appellate opening brief.

    • 2/16/2018

      Court enters order denying motion for stay.

    • 1/16/2018

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

    • 11/8/2017

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

       

    • 11/8/2017

      D.C. Cir. lifts its 11/6 stay, allowing construction to proceed.

    • 11/6/2017

      D.C. Cir. stays the FERC order pending further review Plaintiffs’ emergency motion.

    • 10/30/2017

      Environmental petitioners file an emergency motion to stay pipeline construction.

    • 3/23/2017

      Environmental groups file for review of final FERC order authorizing construction of the Transcontinental Gas Pipe Line Co. Atlantic Sunrise Project issued in February of 2017.  

    more
    Air Regulations Risk Management Program
    • 12/3/2018

      EPA announces that amendments to Risk Management Program put forward in a final rule published in the Federal Register on 1/13/17 are now in effect.

    • 5/30/2018

      EPA issues proposed rule amending RIsk Management Program.

      (Agency fact sheet)

      (Comment docket)

    • 6/14/2017

      Administrator Pruitt signs directive delaying implementation of the Obama Administration’s January 5, 2017, Risk Management Plan amendments for 20 months while the agency reviews petitions for reconsideration against the rule brought by states and industry.

      (News Summary)

      (Federal Register notice)

    more
    • EPA
    • 9/4/2018

      Court orders a return of the August mandate

    • 8/24/2018

      Enviro petitioners file motion for expedited issuance of mandate.  

    • 8/17/2018

      The Court issues opinion and order vacating EPA’s delay of effective date of the Chemical Disaster Rule of June 14, 2017.

    • 4/16/2018

      Petitioners submit joint response court order. Petitioners response aims to supplement and correct rules in EPA’s submission.

    • 4/6/2018

      EPA submits its response to court’s 3/23 order.

    • 3/23/2018

      Court enters order requesting EPA to submit a comprehensive list of pre-2017 examples of federal agencies issuing final notice-and-comment regulations that (i) change effective date and (ii) explicitly justify change to effective date.

    • 3/16/2018

      Oral arguments held.

    • 1/31/2018

      Industry intervenors file their final reply brief.

    • 1/31/2018

      Industry intervenors file their final brief.

    • 1/31/2018

      State intervenors file their final brief.

       

    • 1/30/2018

      State petitioners file their final opening brief.

       

    • 1/30/2018

      State petitioners file their final reply brief.

    • 1/19/2018

      State and industry intervenors file their reply proof briefs.

    • 12/8/2017

      EPA files preliminary brief defending its authority to issue a delay rule for the Risk Management Plan.

    • 11/3/2017

      EPA files preliminary brief defending its authority to issue a delay rule for the Risk Management Plan.

    • 11/1/2017

      Former Regulatory Officials file amicus for Petitioners arguing that rule effective dates are substantive and subject to APA procedural standards

    • 10/25/2017

      State and Industry petitioners file their respective briefs.

    • 9/26/2017

      Court adopts the parties’ jointly proposed briefing schedule; Opening briefs due Oct. 25, 2017.

    • 8/30/2017

      D.C. Circuit denies motion to stay case (filed by intervenors United Steel, et al. on 6/22/17).

    • 6/15/2017

      Environmental groups file for review of final Agency action to delay Risk Management Plan rule implementation.

    • 12/22/2017

      State and industry intervenors file briefs in support of respondent EPA.

    • 12/8/2017

      EPA files preliminary brief defending its authority to issue a delay rule for the Risk Management Plan.

    • 11/3/2017

      Institute for Policy Integrity (NYU School of Law) files amicus arguing EPA disregarded the impacts of the delay rule.

    • 11/1/2017

      Former Regulatory Officials file amicus for Petitioners arguing rule effective dates are substantive and subject to APA procedural standards.

    • 10/25/2017

      State and Industry petitioners file their respective briefs.

    • 9/26/2017

      Court adopts parties’ jointly proposed briefing schedule; Opening briefs due Oct. 25, 2017.

    • 8/30/2017

      D.C. Circuit denies motion to stay case (filed by intervenors United Steel, et al. on 6/22/17).

    • 6/15/2017

      Environmental groups file for review of final Agency action to delay Risk Management Plan rule implementation.

    more

    6/14/18: U.S. Chamber statement on proposed amendments to Risk Management Program.

    Chamber statement on EPA proposal to delay the effective date of the rule.

    Revised effective date of the rule is 2/19/19.

    Case: Air Alliance Houston v. EPA, No. 17-1155 (D.C. Cir.)

    Electricity Ratemaking
    • 11/23/2018

      FERC proposes rule requiring utilities to revise rates to account for changes caused by the Tax Cuts and Jobs Act of 2017.

      (Agency press release)

    • FERC
      Land Management / Leasing Alaska Petroleum Reserve (NPR-A)
      • 11/21/2018

        BLM announces intention to prepare a new Integrated Activity Plan and Environmental Impact Statement (IAP/EIS) for the National Petroleum Reserve in Alaska (NPR-A). Announcement solicits comment on EIS scoping.

        (Comment docket)

      • 11/8/2018

         BLM announces NPR-A oil and gas lease sale for 12/12/18. Sale includes 254 tracts and approximately 2.85 million acres.

      • 12/7/2017

        BLM completes 2017 NPR-A lease sale. (News Summary)

      • 10/26/2017

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

        (Interior press release)

      • 5/31/2017

        Secretary Zinke signs Secretarial Order 3352 calling for a plan to develop energy resources in the NPR-A, and update resource assessments for areas of the North Slope, including the “1002 area” of the Arctic National Wildlife Refuge (ANWR).

        (Interior Press Release)

      more
      • Interior
        Vehicles / Fuels Ultra-low NOx
        • EPA
          Air Regulations NAAQS
          • EPA
            Land Management / Leasing Sale of Federal Property
              • Interior
              • 11/1/2018

                Court rules California’s SB50, regulating the recording of conveyances of federal public lands in California, violates the U.S. Constitution’s Supremacy Clause. Court grants motion for summary judgment in favor of United States.

              • 4/2/2018

                Federal Petitioners file suit against the State of California for enacting SB50, which makes it the policy of the State of California to discourage conveyance of federal public lands in the State away from the federal government.

              Case: United States v. State of California, No. 2:18721 (E.D. Ca. Apr. 2, 2018) (Case closed)

              General / Energy Development Offshore energy
              • 10/19/2018

                OMB-OIRA fall unified regulatory agenda projects finalization of Blowout Preventer Systems and Well Control Rule in December 2018.

              • 4/27/2018

                Interior’s Bureau of Safety and Environmental Enforcement proposes modifications to Blowout Preventer and Well Control Rule.

              • Interior
                Permitting / NEPA Rights-of-way
                • 10/19/2018

                  OMB-OIRA fall unified regulatory agenda projects February 2019 release of proposed Fish and Wildlife Service rule to streamline regulations for permitting rights-of-way.

                • Interior
                  Water Regulations / Fracking CWA Section 404(c)
                  • 10/19/2018

                    OMB-OIRA fall regulatory agenda projects proposed rule modifying CWA 404(c) water permitting regulations in June 2019.

                  • 6/27/2018

                    EPA Administrator Pruitt issues memo directing agency to update regulations pertaining to section 404(c) of the Clean Water Act, including eliminating EPA’s authority to preemptively veto projects before they have gone through the permit process.

                  • EPA
                    Air Regulations Affordable Clean Energy Rule
                    • 10/19/2018

                      OMB-OIRA fall unified regulatory agenda projects release of final Affordable Clean Energy rule in March 2019.

                    • 7/31/2018

                      EPA releases proposed “Affordable Clean Energy rule” for existing electric generating units.

                      (Agency press release)

                      (Comment docket)

                    • 7/9/2018

                      EPA sends draft proposed rule -- “State Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units” (CPP replacement) --to OMB for review.

                    • 5/9/2018

                      Office of Management and Budget – Office of Information and Regulatory Affairs (OMB-OIRA) unified regulatory agenda projects release of NPRM on new 111(d) guidelines for existing electric generating units in June 2018.

                    • 12/18/2017

                      EPA publishes advance notice of proposed rulemaking seeking comment on “State Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units”-- a framework to replace the Clean Power Plan.

                      (Agency fact sheet)

                      (Comment docket)

                    more
                    • EPA

                      10/31/18: Coalition comments on proposed Affordable Clean Energy rule.

                      2/26/18: Chamber coalition comments on proposed ANPRM

                      12/18/17: GEI CEO Karen Harbert’s statement on ANPRM proposal.

                      Vehicles / Fuels CAFE Standards
                      • 10/19/2018

                        OMB-OIRA regulatory agenda projects finalization of CAFE/light-duty GHG standards rule in December 2018.

                      • 10/1/2018

                        EPA announces technical corrections to 2012 light-duty GHG standards rule pertaining to the calculation of regulatory credits.

                      • 8/2/2018

                        EPA and NHTSA announce proposed rulemaking to revise Corporate Average Fuel Economy (CAFE) standards for light duty vehicles, as well as three public hearings from 9/24/18 to 9/26/18.
                        (Comment docket)

                      • 5/31/2018

                        NHTSA sends proposed CAFE standards for model years 2021-2026 to Office of Management and Budget for review.

                      • 4/3/2018

                        EPA announces completion of the Midterm Evaluation (MTE) process for light duty vehicle GHG standards for model years 2022-2025, determining that current standards are not appropriate and should be revised.

                      • 3/27/2018

                        The National Highway Traffic Safety Administration proposes to retain civil penalties for auto manufacturer CAFE violations, rejecting Obama Administration proposal to increase fines.

                        (Press release)

                      • 8/21/2017

                        NHTSA and EPA announce formal reconsideration of light-duty vehicle GHG standards for model years 2022-2025. 

                        (Comment docket)

                      • 7/26/2017

                        NHTSA announces public comment period for scoping environmental impact assessment associated with new CAFE standards for model year 2022-2025 passenger vehicles.

                      • 7/7/2017

                        NHTSA is indefinitely delaying the effective date of the “Civil Penalties” final rule. The purpose for indefinitely delaying the final rule is to reconsider appropriate CAFE civil penalties. 

                      • 3/15/2017

                        President Trump directs EPA to reopen mid-term review of light-duty mileage standards for cars and trucks.

                      more
                      • EPA
                      • DOT
                        Permitting / NEPA National Environmental Policy Act (NEPA)
                        • 10/19/2018

                          OMB-OIRA fall unified regulatory agenda projects release of proposed rule updating NEPA regulations in February 2019.

                        • 7/11/2018

                          CEQ extends comment deadline for ANPRM regarding updates to NEPA regulations to 8/20/18.

                        • 6/10/2018

                          Council on Environmental Quality (CEQ) published an advance notice of proposed rulemaking (ANPRM) titled “Update to theRegulations for Implementing the Procedural Provisions of the National Environmental Policy Act.” The CEQ is extending the comment period on the ANPRM, which was scheduled to close on July 20, 2018, for 31 days until August 20, 2018. The CEQ is making this change in response to public requests for an extension of the comment period.

                          (Comment docket)

                        • 10/24/2017

                          Department of Interior’s Bureau of Land Management rescinds 1/12/17 permanent instruction memorandum (PIM-2017-003) requiring consideration of greenhouse gas emissions before approving energy projects. 

                        • 3/28/2017

                          Section 3 of Executive Order 13783 repeals Obama Administration executive guidance directing agencies to expand NEPA permitting reviews to consider and mitigate for upstream and downstream greenhouse gas emissions.

                        more
                        • Potus
                        • CEQ
                        • Interior

                          New NEPA Guidance Is Another Obstacle to Building Infrastructure and Developing Projects.

                          Houston Chronicle op-ed: adding climate change to federal guidelines invites chaos.

                          Air Regulations Methane NSPS
                          • 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
                          • EPA
                          • 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

                          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.)

                           

                          Land Management / Leasing Outer Continental Shelf (OCD) Oil and Gas Leasing
                          • 10/19/2018

                            OMB-OIRA fall unified regulatory agenda projects release of proposed rule modifying requirements for exploratory drilling on the Arctic Outer Continental Shelf in January 2019.

                          • Interior
                            Renewables/Energy Efficiency Offshore Wind
                            • 10/18/2018

                              Department of Interior’s Bureau of Ocean Energy Management announces offshore wind activities, including lease sale off Massachusetts, NOI for Rhode Island’s South Fork project, and a call for information for projects off California.

                            • Interior
                              Nuclear Energy Technology Development
                              • Energy
                                Renewables/Energy Efficiency Solar
                                • 9/19/2018

                                  The Office of the U.S. Trade Representative announces exemptions to solar PV import tariffs.

                                • 1/23/2018

                                  President Trump imposes tariffs (up to 30%) on solar photovoltaic cells.

                                  (Announcement by President Trump).

                                • 10/31/2017

                                  U.S. International Trade Commission recommends the President impose tariff remedies related to the import of crystalline silicon photovoltaic cells.

                                • 9/22/2017

                                  U.S. International Trade Commission determines that imports of crystalline silicon photovoltaic cells cause injury to domestic industry.

                                more
                                  Land Management / Leasing Oil and Gas Leasing
                                  • 9/13/2018

                                    USDA’s Forest Service issues advance notice of proposed rulemaking to streamline procedural requirements for oil and gas leasing and extraction from national forests and grasslands managed by the Forest Service. (Comment docket)

                                  • USDA
                                    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