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 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)
EPA CWA Section 401 Pre-proposal recommendations (EPA Notice) 4/15/19 - 6/10/19 (Comment docket)
CEQ NEPA GHG Guidance (FR Notice) 6/26/19 - 7/26/19 (Comment docket)
DOE Dishwasher efficiency standards (FR Notice) 7/16/19 - 9/16/19 (Comment docket)

The Tracker is updated regularly. This edition is updated through July 16, 2019.

  • Notable Developments Over the Last Month

  • 7/16/19: DOE approves petition requesting establishment of a new class of short cycle dishwashers. (Comment docket)

  • 7/12/19: NHTSA finalizes rulemaking to reduce financial penalty rates for automakers that fall short of CAFE requirements.

  • 7/12/19: EPA sends proposed rule clarifying state certification procedures under CWA Section 401 to OMB for review.

  • 7/8/19: EPA finalizes Affordable Clean Energy (ACE) rule, as well as the repeal of the Clean Power Plan.

  • 7/5/19: EPA proposes RFS renewable volume obligations (RVO) for 2020.

  • 7/3/19: DOE sends final rule modifying energy efficiency standards for general service light bulbs to OMB for review.

  • 6/25/19: EPA releases proposed rule reforming “once-in, always-in” policy, allowing major sources of hazardous air pollutants (HAP) to reclassify as area sources when they permanently reduce hazardous air emissions

  • 6/25/19: White House Council on Environmental Quality releases draft guidance addressing incorporation of greenhouse gas considerations in agency NEPA reviews. (Comment docket)

  • 6/20/19: FERC approves order expanding the reporting requirements for grid-related cyber security incidents.

  • 6/11/19: Environmental groups petition Northern California district court to invalidate Interior Department's recently finailzed reforms well control and blowout preventer rule. 

  • 6/10/19: EPA sends proposal modifying methane new source performance standards to OMB for review.

  • 6/7/19: EPA issues guidance to clarify and streamline permitting processes under Section 401 of the Clean Water Act

  • 6/6/19: EPA finalizes rule allowing year-round E15 sales.

  • 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, 12 reforms formally proposed, and 45 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
Air Regulations Regional Haze
  • 9/29/2017

    EPA finalizes withdrawal of regional haze FIP for Texas.

  • EPA
  • 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.

  • 2/12/2019

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

  • 11/8/2018

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

  • 7/2/2018

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

  • 8/31/2017

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

more

GEI blog: How Much Should Nothing Cost?

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.

    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
      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
      • DOT
      • EPA
      • Interior
      • DOL
        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
        • 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

        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
        • 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.

        • 5/29/2018

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

        • 5/29/2018

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

        • 4/23/2018

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

        • 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).

           

        • 12/19/2017

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

        • 12/1/2017

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

        • 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.

        • 8/7/2017

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

        • 6/7/2017

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

        • 10/11/2017

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

          (News Summary)

        more
        • Interior
        • 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.

        Permitting / NEPA LNG Permitting
        • 3/22/2019

          FERC approves final EIS for Texas LNG export terminal.

          Land Management / Leasing Monuments
          • Potus
          • Interior
          • 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)

          • 2/15/2019

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

          • 12/12/2018

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

          • 11/15/2018

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

          • 10/1/2018

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

          • 2/15/2018

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

          • 2/15/2018

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

          • 2/1/2018

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

          • 2/1/2018

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

          • 1/20/2018

            Plaintiffs file motion for partial summary judgment.

          • 1/18/2018

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

          • 1/4/2018

            Plaintiffs file their notice of consent for consolidation of cases.

          • 12/4/2017

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

             

          more

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

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

           

          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
            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
            • 3/22/2019

              Federal defendants file their answer to amended complaint. 

            • 2/8/2019

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

            • 7/16/2018

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

            • 7/14/2018

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

            • 6/25/2018

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

            • 6/4/2018

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

            • 6/4/2018

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

            • 6/4/2018

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

            • 5/14/2018

              Defendants file motion to dismiss.

            • 4/2/2018

              Plaintiffs file motion for leave to file Second Amended Complaint.

            • 2/26/2018

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

            • 1/4/2018

              Defendants file response to plaintiffs’ supplemental memorandum.

               

            • 8/21/2017

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

            • 8/10/2017

              Oral arguments held before the court.

            • 2/8/2017

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

            • 7/19/2018

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

            more

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

            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
              Air Regulations New Source Review
              • 3/21/2019

                EPA sends proposed reforms to New Source Review project emissions accounting requirements to OMB-OIRA for review.

              • 10/19/2018

                OMB-OIRA fall unified regulatory agenda projects release of proposed rule modifying New Source Review regulations in February 2019.

              • 7/6/2018

                EPA sends draft final rule affecting "project aggregation" requirements under New Source Review program to OMB for review. 

              • 5/9/2018

                OMB-OIRA semiannual regulatory agenda projects release of NPRM to address project emissions accounting in September 2018.

              • 4/30/2018

                EPA issues guidance memorandum modifying interpretations of “common control” as they relate to source determinations under the NSR program.

              • 3/13/2018

                EPA issues guidance memorandum clarifying its approach on NSR applicability analysis concerning emission decrease from proposed projects. 

              • 12/7/2017

                EPA issues guidance memo on NSR permitting requirements stating that EPA will generally defer to a facility’s “actual-to-projected-actual” calculations for purposes of preconstruction permitting.

              more
              • EPA

                Beveridge and Diamond News Alert summarizing NSR updates (3/28/18)

                Permitting / NEPA Pipelines
                • FERC
                • 3/19/2019

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

                Permitting / NEPA LNG Permitting
                • 3/5/2019

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

                • 2/21/2019

                  FERC grants authorization for Calcasieu Pass LNG export terminal.

                • FERC
                • Energy

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

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

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

                  • Interior
                  • 3/1/2019

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

                  • 12/6/2018

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

                  • 2/2/2018

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

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

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

                    • Commerce
                    • 2/20/2019

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

                    • 1/18/2019

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

                      (News summary)

                    • 1/28/2019

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

                    more
                    Permitting / NEPA Pipelines
                    • 10/5/2018

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

                    • 8/29/2018

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

                    • 10/13/2017

                      FERC grants final approval to Mountain Valley Pipeline.

                      (News Summary)

                    more
                    • FERC
                    • 2/19/2019

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

                    • 1/22/2019

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

                    • 11/20/2018

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

                    • 10/2/2018

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

                    • 9/4/2018

                      Petitioners file joint opening brief. 

                    • 8/30/2018

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

                       

                    • 7/27/2018

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

                    • 7/20/2018

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

                    • 5/16/2018

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

                    • 2/5/2018

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

                    • 2/2/2018

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

                    • 1/26/2018

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

                    • 1/26/2018

                      FERC files motion to dismiss for lack of jurisdiction.

                    • 1/22/2018

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

                       

                    • 1/11/2018

                      Petitioner environmental group files motion for stay.

                    • 1/8/2018

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

                    more

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

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

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

                    • 5/1/2018

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

                    • 3/21/2018

                      BOEM announces results of Lease Sale 250.

                    • 2/16/2018

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

                      (Interior press release)

                    • 10/24/2017

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

                    • 5/1/2017

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

                    more
                    • Interior

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

                      Topic
                      Air Regulations
                      Issue/Reg
                      Clean Power Plan (Existing Source Performance Standards)
                      Order/Action
                      • 7/8/2019

                        EPA finalizes Affordable Clean Energy (ACE) rule, as well as the repeal of the Clean Power Plan.

                      • 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
                      • 7/3/2019

                        EPA submits its 30-day scheduled status report stating EPA Administrator A. Wheeler has signed a final rule known as the Affordable Clean Energy Rule. (No. 15-1363)

                      • 6/4/2019

                        Case argued and submitted. (No. 18-36082).

                      • 5/6/2019

                        EPA submits its 30-day scheduled status report stating that it expects to be in a position to take final action in June 2019. (No. 15-1363

                      • 4/5/2019

                        Court orders the consolidated cases to remain in abeyance for 60 days; EPA to continue filing 30-day status reports. (No. 14-1363)

                      • 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
                      • 6/24/2019

                        Court grants Utility Air Regulatory Group’s motion for voluntary dismissal of its petition for review. 

                      • 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
                        • 6/10/2019

                          EPA sends proposal modifying methane new source performance standards to OMB for review.

                        • 5/23/2019

                          OMB-OIRA regulatory agenda projects EPA finalization of methane new source performance standards rule in September 2019.

                        • 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
                        • 5/23/2019

                          OMB-OIRA projects finalization of EPA GHG new source performance standards for power plants in September 2019.

                        • 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
                        • 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.

                        • 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
                        • 5/1/2019

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

                        • 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
                            • 7/1/2019

                              Petitioner Utility Air Regulatory Group files motion for voluntary dismissal of its petition for review. 

                            • 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