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.

 

X

Energy Tracker

Indicates Public Law
Topic Issue/Reg Order/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
Permitting / NEPA Pipelines
  • 8/6/2018

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

  • 4/10/2018

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

  • 2/3/2018

    FERC approves Northern Access Pipeline. 

more
  • FERC
  • 2/6/2019

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

Air Regulations NAAQS
  • 12/6/2018

    EPA finalizes “good neighbor” determinations for 2008 ozone NAAQS.

  • 12/6/2018

    EPA finalizes nonattainment area and ozone transport region implementation requirements for the 2015 ozone standard.

    (Agency fact sheet)

  • 7/25/2018

    EPA issues 2015 ozone standard attainment designations for San Antonio, Texas metropolitan area.

  • 6/26/2018

    EPA In preparation for accelerated review schedule for 2020 ozone standard, EPA issues call for information seeking details on ozone scientific information that has been completed since the 2015 review.

    (Comment docket)

  • 6/19/2018

    EPA sends draft rulemaking addressing 2008 Ozone NAAQS “good neighbor” provisions to OMB for review.

  • 6/4/2018

     EPA announces proposed ozone designations for remaining areas of the country under the 2015 ozone rule.

  • 3/9/2018

    EPA issues threshold implementation guidance setting attainment timelines for 2015 ozone rule.

    (Agency fact sheet)

  • 1/5/2018

    EPA announces its intention to complete attainment designations for the 2015 ozone standard by 4/30/18.

  • 11/16/2017

    EPA issues attainment designations for 2,646 counties under the 2015 ozone standard; indicates remaining designations (15% of U.S. counties) will be issued at a later date.

    (News Summary)

  • 8/2/2017

    EPA withdraws prior decision to extending attainment designation deadlines.

  • 6/7/2017

    EPA postpones 2015 ozone standard attainment designations for one year, citing insufficient information to make compliance decision.

more
  • EPA
  • 2/4/2019

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

  • 9/27/2018

    The court issues order mandating compliance with 2/16/18 order. (No. 15-1115)

  • 8/1/2018

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

     

  • 8/1/2018

    EPA informs D.C. Circuit that it will not revise 2015 ozone standard, and instead plans to focus on establishing a 2020 standard using a new approach to NAAQS reviews that is under development.

  • 7/3/2018

    Court enters order lifting abeyance as of Aug. 1 and directing new motions be filed by Aug. 22 (No. 15-1385).

  • 6/20/2018

    Court enters order directing environmental petitioners to file a response to EPA’s petition for panel rehearing. (No. 15-1115).

  • 6/15/2018

    State Petitioners file a motion to lift abeyance on August 1, 2018. (No. 15-1385).

  • 6/8/2018

    EPA files a response to the motion to lift the abeyance filed by state and intervenor petitioners. EPA opposes immediate request to lift the abeyance, but does not oppose lifting the abeyance on August 1, 2018. (No. 15-1385).

  • 6/7/2018

    EPA files a petition for panel rehearing of the Court’s 2/16/18 decision based on  court’s misinterpretation of two key points of law. (No. 15-1115).

  • 6/6/2018

    D.C. Circuit orders EPA to file a status report by July 31, 2018 regarding the status of all final designations for the 2015 ozone NAAQS. (No. 17-1185).

  • 6/5/2018

    EPA submits supplemental status report regarding ozone area designations. (No. 17-1185).

  • 5/18/2018

    State petitioners file their joint motion to lift abeyance. (No. 15-1385).

  • 5/15/2018

    EPA submits periodic status report in accordance with court order (12/19/17) regarding finalizing ozone designations. (No. 17-1185).

  • 4/19/2018

    EPA submits its status report stating that it continues to review the final rule to determine whether the rule should be “maintained, modified or otherwise reconsidered.”

  • 3/12/2018

    Court enters order granting NGO plaintiffs’ and state plaintiffs’ motions for summary judgment, confirming that the Administrator violated a nondiscretionary duty under the Clean Air Act to promulgate NAAQS for Ozone by Oct 1, 2017 (No. 17-6900).

  • 2/16/2018

    D.C. Cir. issues an opinion ruling that 1) EPA failed to adopt adequate anti-backsliding measures when it revoked the 1997 NAAQS, 2) EPA violated the CAA by allowing so-called “orphan nonattainment areas” to evade anti-backsliding requirements, 3) the rule’s invitation of “redesignation substitute requests” evaded the statutory requirements for redesignations, and 4) EPA failed to provide a statutory justification for allowing states to choose their own baseline year for measuring pollution reductions (No. 15-1115).

     

  • 1/31/2018

    State of California files its reply in support of motion for summary judgment.

     

  • 1/26/2018

    Environmental groups file their reply in support of motion for summary judgment.

  • 1/19/2018

    EPA files its opposition to environmental group plaintiffs’ motion for summary judgment. (No. 17-6900).

  • 1/19/2018

    EPA files its opposition  to environmental group plaintiffs’ motion for summary judgment. (No. 17-1185).

     

  • 1/12/2018

    EPA submits periodic status report in accordance with court order (12/19/17) regarding finalizing ozone designations. (No. 17-1185).

  • 1/8/2018

    EPA submits status report,  stating it is continuing to review the Rule in Murray Energy. (No. 15-1385).

  • 12/4/2017

    Environmental groups file lawsuit against EPA over ozone deadline. (No. 17-6900).

  • 10/10/2017

    EPA submits 90-day status report stating that the agency is continuing its review of the ozone standard. (No. 15-1385).

  • 8/1/2017

    Coalition of 15 states sues EPA to block postponement of ozone standard implementation. (No. 17-1185).

  • 7/10/2017

    In its 90-day status report, EPA states it is continuing to review Rule. EPA will submit its next status report within 90 days.

  • 4/11/2017

    D.C. Circuit grants indefinite abeyance of 2015 ozone standard lawsuit, delaying previously scheduled oral argument and ordering EPA to provide updates at 90 day intervals.

  • 10/26/2015

    Industry petitioners file for review of agency’s proposed Ozone NAAQS rule.

  • 7/10/2017

    EPA submits 90-day status report stating that the agency is continuing its review of the ozone standard. (No. 15-1385).

  • 4/11/2017

    D.C. Circuit grants EPA’s petition for indefinite abeyance of 2015 ozone standard lawsuit, delaying previously scheduled oral argument. Additionally, the court orders EPA to provide updates at 90-day intervals. (No. 15-1385).

  • 10/26/2015

    Industry petitioners file for review of agency’s proposed Ozone NAAQS rule. (No. 15-1385).

more

Blog: EPA Delays Implementing Ozone Standard for One Year

EPA’s Tightened Ozone Standard Will Harm America’s Economic Growth.

Case details at Chamber Litigation Center.

Case: Murray Energy v. EPA, No. 15-1385 (D.C. Cir.)

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

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

  • 1/9/2019

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

  • 12/19/2018

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

  • 6/7/2018

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

  • 4/20/2018

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

  • 12/22/2017

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

     

     

  • 8/11/2017

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

more
  • Interior

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

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

    Air Regulations CAA Section 112
    • 11/26/2018

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

    • 7/10/2018

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

      (Comment docket)

    • 4/10/2018

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

      (Comment docket)

    more
    • EPA
    • 1/25/2019

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

    Permitting / NEPA Pipelines
    • 9/17/2018

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

    • 8/10/2018

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

    • 10/13/2017

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

      (News Summary)

    • 7/21/2017

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

    more
    • FERC
    • 1/23/2019

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

    • 1/14/2019

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

    • 12/28/2018

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

      (News summary)

    • 12/13/2018

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

    • 12/7/2018

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

    • 7/11/2018

      Federal respondents file their opposition to petitioners’ brief.

    • 4/24/2018

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

    more

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

    Chamber infographic: Benefits of the Atlantic Coast Pipeline

    Permitting / NEPA Pipelines
    • 2/17/2017

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

    • 1/24/2017

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

    • 1/7/2019

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

    • 11/1/2018

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

    • 8/31/2018

      U.S. Army of Engineers submits status report.

    • 6/8/2018

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

    • 5/2/2018

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

    • 4/30/2018

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

    • 4/3/2018

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

    • 4/2/2018

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

    • 2/28/2018

      Dakota Access files its Status Report.

    • 2/9/2018

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

    • 2/7/2018

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

    • 2/1/2018

      Army Corps of Engineers files its second status report.

    • 1/26/2018

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

    • 1/10/2018

      Army Corps of Engineers files a summary judgment motion.

    • 1/10/2018

      Dakota Access files a summary judgment motion.

    • 12/29/2017

      Dakota Access files its first status report.

    • 12/4/2017

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

    • 11/15/2017

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

    • 11/13/2017

      Environmental petitioners file motion for partial summary judgment.

    • 11/1/2017

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

    • 11/1/2017

      Intervenor files its motion regarding imposition of remand conditions.

    • 10/11/2017

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

    • 10/6/2017

      Court grants Plaintiff’s Motion to Amend Protective Order.

    • 6/14/2017

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

    • 7/27/2016

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

    more

    Chamber applauds final approval of the Dakota Access Pipeline.

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

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

    Case details at Chamber litigation center

    Nuclear Energy Technology Development
    • NRC
      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
      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)

                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
                          Air Regulations Regional Haze
                          • 9/10/2018

                            EPA announces regional haze roadmap that will provide “a series of implementation tools and guidance documents that will help focus states’ efforts and reduce and streamline the time and resources needed to meet...requirements for reducing regional haze in National Parks, wildlife refuges, and wilderness areas.” 

                          • EPA
                            Other Sue and Settle
                            • 9/7/2018

                              Secretary Zinke issues Secretarial Order 3368, aimed at limiting “sue and settle” activities by promoting public engagement, transparency, and accountability in Consent Decrees and Settlement Agreements.

                            • Interior
                              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)

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                                      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. 

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                                          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