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 immediately below provides a comprehensive, filterable and sortable list of 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.

As a new feature this month, we are including a list of open comment periods. 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 For Comment
Department Proposal Comment Period
EPA Methane New Source Performance Standards for oil and natural gas (FR Notice) 10/15/18 - 12/19/18 (Comment docket)
USDA (Forest Service) Sage Grouse Management Plans (FR Notice) 10/5/18 - 1/3/19 (Comment docket)
Interior (BLM) National Petroleum Reserve-Alaska IAP/EIS (FR Notice) 11/21/18 - 1/7/19 (Comment docket)
Interior (BLM) ESA Sage Grouse plan amendments (BLM Notice) 12/7/18 - 1/7/19 (BLM comment portal)
EPA 111(b) GHG NSPS power plant regulations (EPA Notice) Awaiting federal register publication
EPA Revised WOTUS definition (EPA Notice) Awaiting federal register publication

The Tracker is updated regularly. This edition is updated through December 13, 2018.

  • Notable Developments Over the Last Month

  • 12/13/18: Fourth Circuit overturns Forest Service permit allowing the Atlantic Coast Pipeline to cross beneath the Appalachian Trail. (News summary)

  • 12/11/18: EPA proposes revised definition of WOTUS. (Press release and fact sheets)(Comment docket awaiting FR publication)

  • 12/11/18: EPA announces final volume requirements under the RFS program for 2019 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel, and biomass-based diesel for 2020. (Agency summary)

  • 12/10/18: 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.

  • 12/7/18: NOAA announces issuance of marine mammal incidental harassment authorizations (IHA) related to the use of air gun arrays for oil and gas exploration in waters off the U.S. East Coast.

  • 12/7/18: Montana district court judge halts preconstruction field work on Keystone XL Pipeline until completion of environmental reviews ordered in prior ruling. (News summary)

  • 12/7/18: Fourth Circuit issues stay of Atlantic Coast Pipeline permit from the U.S Fish & Wildlife Service in response to environmental petitioners suit related to endangered species. (News summary)

  • 12/6/18: Alaska district court judge dismisses lawsuits challenging lease sales in NPR-A. (News summary

  • 12/6/18: EPA proposes revisions to 111(b) GHG NSPS power plant regulations. (Agency fact sheet)(Comment docket awaiting FR publication)

  • 12/6/18: EPA finalizes “good neighbor” determinations for 2008 ozone NAAQS.

  • 12/6/18: EPA finalizes nonattainment area and ozone transport region implementation requirements for the 2015 ozone standard. (Agency fact sheet)

  • 12/3/18: EPA announces that amendments to Risk Management Program put forward in a final rule published in the Federal Register on 1/13/17 are now in effect.

  • 12/3/18: State Department announces Notice of Intent to prepare additional Keystone XL supplemental environmental impact statement (SEIS) in response to ruling from Federal District Court in Montana.

  • 11/30/18: EPA announces its proposed approval of key portions of Arkansas’ Regional Haze plan and withdrawal of corresponding federal haze plan provisions.

  • 11/26/18: 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.

  • 11/26/18: Oregon district court judge vacates delay of WOTUS regulation following similar 8/16/18 decision in South Carolina.

  • 11/23/18: 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)

  • 11/21/18: 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)

  • 11/15/18: EPA finalizes reconsideration of New Source Review “project aggregation” rulemaking that was first proposed in 2010. (Agency fact sheet)

  • 11/13/18: EPA announces the Cleaner Trucks Initiative (CTI), a future rulemaking to update standards for nitrogen oxide (NOx) emissions from highway heavy-duty trucks and engines. (Agency press release)

  • 11/8/18: BLM announces NPR-A oil and gas lease sale for 12/12/18. Sale includes 254 tracts and approximately 2.85 million acres.

  • 11/8/18: EPA proposes revisions to policy on exclusions from “ambient air.” (Agency comment docket)

  • 9/28/18: President Trump signs Nuclear Energy Innovation Capabilities Act into law.

  • 9/24/18: State Department issues draft environmental impact statement for alternative Keystone XL pipeline route.

  • 9/24/18: U.S. Chamber files comments on ESA proposals related to listing and critical habitat, protective regulations, and interagency cooperation.

  • 9/24/18: U.S. Chamber comments on proposed Section 232 tariffs on uranium imports.

  • 9/21/18: D.C. Circuit orders EPA to immediately reinstate 2016 Risk Management Program (RMP) regulation.

  • 9/19/18: USTR announces exemptions to solar PV import tariffs.

  • 9/17/18: FERC lifts stop-work order on Atlantic Coast Pipeline construction after National Park Service issues a new right of way permit for crossing the Blue Ridge Parkway.

  • 9/13/18: USDA’s Forest Service issues advance notice of proposed rulemaking to streamline requirements for oil and gas leasing from national forests and grasslands.

  • 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 10 executive orders, 5 presidential memoranda, and provisions in 6 public laws. Further, by our best estimate, there are currently 13 energy-related regulatory/policy reforms initiated or under review, 15 reforms formally proposed, and 35 reform actions that have been finalized or completed. (These figures do not include project-specific actions such as leases or permit approvals.) In addition, litigation pertaining to at least 15 actions is underway or ongoing. 

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
  • 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.

GEI blog: How Much Should Nothing Cost?

Tax Investment Tax Credits
  • 6/25/2018

    IRS issues Notice 2018-59, establishing beginning of construction guidance for the renewable energy investment tax credit (ITC) under Section 48 of the Internal Revenue Code. The notice details two key eligibility requirements: a physical work test and a 5 percent safe harbor.

    (News summary)

  • 2/9/2018

    Section 40411 of Public Law 115-123: Extension and phaseout of energy credit. The provision generally harmonizes the expiration dates and phaseout schedules for different properties. The 30 percent Investment Tax Credit (ITC) for solar energy, fiber optic solar energy, qualified fuel cell, and qualified small wind energy property is available for property the construction of which begins before 2020 and is then phased out for property the construction of which begins before 2022. Additionally, the 10 percent ITC for qualified microturbine, combined heat and power system, and thermal energy property is made available for property the construction of which begins before 2022.

     

  • Treasury
    Tax Investment Tax Credits
    • 6/25/2018

      IRS issues Notice 2018-59, establishing beginning of construction guidance for the renewable energy investment tax credit (ITC) under Section 48 of the Internal Revenue Code. The notice details two key eligibility requirements pertaining to a physical work test and a 5 percent safe harbor. 

    • Treasury
      Energy Efficiency Buildings
      • 6/22/2018

        President Trump signs Executive Order 13834, directing agencies to “achieve and maintain annual reductions in building energy use and implement energy efficiency measures that reduce costs.” The EO eliminates specific goals and timetables associated with EO 13693, which was signed in 2015. 

      • CEQ
      • Potus
        Endangered Species Act General
        • 6/21/2018

          Interior Secretary Zinke announces reorganization of Interior Department functions, including transfer of the Department of Commerce’s National Marine Fisheries Service and associated ESA administration to the Department of Interior.

        • Interior
          General / Energy Development Offshore energy
          • 6/19/2018

            President Trump signs Executive Order on ocean policy that aims to “promote ocean industries, which employ millions of Americans, advance ocean science and technology, feed the American people, transport American goods, expand recreational opportunities, and enhance America’s energy security” 

          • Potus
            Land Management / Leasing Coal Leasing
            • 3/29/2017

              Secretary Zinke formally re-opens coal leasing by signing Secretarial Order 3348.

            • 3/28/2017

              Section 6 of Executive Order 13783 directs the Department of Interior to rescind the Obama Administration’s prohibition on coal leasing on federal lands.

            • Potus
            • Interior
            • 6/19/2018

              Court issues opinion/order affirming lower court’s judgment that the Department of Interior is not obligated to update its federal coal management program analysis under NEPA to include climate change impacts.

            • 3/23/2018

              Oral argument held.

            • 2/2/2018

              Appellant environmental groups file their reply brief.

            • 1/31/2018

              Appellee BLM files its final brief.

            • 12/6/2017

              Appellee State of Wyoming files its brief.

            • 11/7/2017

              Appellee BLM files its initial brief.

            • 9/15/2017

              Appellant environmental groups file their initial brief.

            more

            Case: Western Org. Resources Council v. Zinke, No. 15-5294 (D.C. Cir.)

            U.S. Chamber statement in response to President Obama’s coal leasing moratorium.

            Regulatory Reform Cost and Benefits
            • EPA

              8/13/18: Chamber comments on EPA cost-benefit ANPR.

              Air Regulations NAAQS
              • EPA
                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.

                • 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

                Land Management / Leasing Alaska National Wildlife Refuge (ANWR)
                • 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).

                  Permitting / NEPA Oil and Gas
                  • 6/6/2018

                    Bureau of Land Management issues information bulletin 2018-061, intended to make the NEPA process more efficient, including through the use of categorical exclusions in circumstances defined under a provision of the Energy Policy Act of 2005.

                  • Interior
                    Energy Financial / Royalties General Royalties
                    • 6/6/2018

                      Subcommittees of the Department of Interior Royalty Policy Committee makes a number of recommendations to expand energy production, including offshore wind leasing, offshore energy and mineral production, and solar right-of-way policies.

                    • 2/28/2018

                      Department of Interior Royalty Policy Committee recommends changes to royalty rates for fossil fuel production on federal lands.

                    • Interior
                      Water Regulations / Fracking Hydraulic Fracturing
                      • 12/29/2017

                        BLM finalizes proposal to repeal regulations pertaining to hydraulic fracturing on federal lands, citing “administrative burdens and compliance costs that are not justified.”

                        (Comment docket)

                         
                      • 7/25/2017

                        BLM proposes a rule to rescind 2015 rule pertaining to hydraulic fracturing on federal lands.

                      • 6/7/2017

                        Interior submits proposed rescission of BLM hydraulic fracturing regulations to OMB for review.

                        (News Summary)

                        (OMB link)

                      • 3/28/2017

                        Section 7 of Executive Order 13783 directs the Department of Interior to review and reconsider March 2015 regulations restricting hydraulic fracturing on federal lands.

                      more
                      • Potus
                      • Interior
                      • 6/4/2018

                        Court grants State of North Dakota’s motion to dismiss.

                      • 2/7/2018

                        North Dakota files reply in support of its motion to dismiss.

                         

                      • 2/5/2018

                        Appellants file their response to North Dakota’s motion to dismiss.

                      • 1/23/2018

                        Intervenor Ute Indian Tribe files reply in support of its motion to dismiss.

                      • 1/22/2018

                        Appellants file their responses for a motion to dismiss.

                      • 1/11/2018

                        Intervenor Ute Indian Tribe files motion to dismiss.

                         

                      • 1/3/2018

                        DOJ files notice of publication of a final rule in the Federal Register. The final rule rescinds the 2015 Hydraulic Fracturing Rule that was at issue in this litigation.

                      • 12/27/2017

                        Court denies request for rehearing.

                         

                      • 11/20/2017

                        Federal Appellants and Intervenor-Respondents file their respective responses to petition for en banc rehearing.

                      • 11/20/2017

                        Intervenor-Respondents file consolidated response to petition for panel rehearing.

                      • 11/6/2017

                        Intervenors-Appellees and Industry Petitioners file separate petitioner for panel rehearing and/or request for en banc determination.

                      • 11/6/2017

                        Court orders appellants to file response to petitioners’ petition for rehearing on or before 11/20/17.

                      • 11/6/2017

                        Industry petitioners file request for panel and en banc rehearing.

                         

                      • 9/21/2017

                        10th Circuit dismisses both the appeal and the District Court case as unripe in light of the Administration’s rescinding the final regulation in question.

                      • 7/27/2017

                        Oral arguments held pertaining to lawsuit against hydraulic fracturing on federal lands.

                      • 6/27/2016

                        State petitionerss appeal lower court order setting aside BLM’s rule modification as unlawful.

                         

                      more

                      Case: Wyoming v. Zinke, No. 16-8068 (10th Cir.)

                      Regulatory Reform Data Transparency
                      • 5/25/2018

                        EPA extends deadline for comment on proposed transparency rulemaking, and adds public hearing.

                        (Comment docket)

                      • 4/30/2018

                        EPA proposes regulation requiring that studies and data underlying regulatory actions are made publicly available.

                      • EPA

                        Chamber statement on EPA transparency proposal.

                        Permitting / NEPA Pipelines
                        • 5/18/2018

                          FERC denies rehearing request objecting to the Commission’s limited review of upstream and downstream greenhouse gases associated with its approval of two gas compressor stations. The commission concluded “we are unable to find
                          based on the record that the potential increase in greenhouse gas emissions associated with
                          production, non-project transport, and non-project combustion are causally related to our
                          action in approving this Project.”

                        • 4/25/2018

                          FERC releases notice of inquiry to assess whether it should revise its approach to certification of natural gas pipelines, initiating 60-day comment period.

                          (Comment docket [enter “PL18-1” in search box])

                        • FERC

                          7/25/18: U.S. Chamber files comments on FERC review of interstate gas pipeline certification processes.

                          Air Regulations NAAQS
                          • 5/9/2018

                            EPA issues memorandum detailing principles for standard setting of future NAAQS.

                          • 4/12/2018

                            White House issues an executive memorandum directing EPA to take actions ensuring efficient and cost-effective implementation of the NAAQS program. 

                          • Potus
                          • EPA

                            4/12/18: U.S. Chamber statement on White House air quality directive.

                            Land Management / Leasing Oil and Gas Leasing
                            • 5/4/2018

                              BLM schedules quarterly oil and gas lease sale for June 20, 2018; will offer 198,000 acres in Wyoming.

                            • Interior
                              Water Regulations / Fracking Oil and Gas Wastewater Management
                              • 5/3/2018

                                EPA announces that it is seeking input on, and plans to undertake a comprehensive study of, how the Agency, states, and stakeholders regulate and manage wastewater from oil and gas operations. 

                              • EPA
                                Land Management / Leasing Oil and Gas Leasing
                                • 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.”

                                • 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. 

                                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
                                  • 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
                                  • 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
                                  • 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
                                  • 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

                                  Case: Murray Energy v. EPA, No. 16-1127 (D.C. Cir.)

                                  Topic
                                  Air Regulations
                                  Issue/Reg
                                  Methane ICR (Existing Sources)
                                  Order/Action
                                  • 3/2/2017

                                    EPA withdraws 2016 information collection request (ICR) pertaining to methane emissions from existing oil and gas operations.

                                  Most Recent Action
                                  Litigation
                                    Notes/Info/Chamber/Statements

                                    Letter from governors and attorneys general to EPA requesting withdrawal of ICR.

                                    Topic
                                    Air Regulations
                                    Issue/Reg
                                    Methane NSPS
                                    Order/Action
                                    • 10/19/2018

                                      OMB-OIRA fall regulatory agenda projects finalization of methane new source performance standards rule in April 2019

                                    • 10/15/2018

                                      EPA formally proposes changes to methane new source performance standards (OOOOa, or "Quad O" rules) that “streamline implementation, reduce duplicative EPA and state requirements, and significantly decrease unnecessary burdens on domestic energy producers.” (Comment docket)

                                    • 5/9/2018

                                      Office of Management and Budget - Office of Information and Regulatory Affairs (OMB-OIRA) spring unified regulatory agenda projects finalization of methane New Source Performance Standards (NSPS, 40 CFR Part 60, Subpart OOOOa) rulemaking in November 2018.

                                    • 3/12/2018

                                      EPA finalizes amendments to the Oil and Gas Sector rule, removing the requirement for completion of delayed repair during unscheduled and emergency vent blowdowns and providing for separate monitoring requirements for well sites on the Alaskan North Slope.

                                    • 11/8/2017

                                      EPA issues a notice seeking comment on the agency’s proposed stays of certain requirements in  2016 NSPS for the oil and gas industry.

                                      (Agency fact sheet)

                                    • 6/16/2017

                                      EPA issues order proposing to stay for two years the implementation of 2016 New Source Performance Standards emission standards emission standards from oil and gas production.

                                    • 6/14/2017

                                      EPA announces its intention to stop development of emission guidelines for existing oil and gas sources.

                                    • 6/5/2017

                                      EPA issues a 90-day stay of agency rules limiting methane leaks at drilling sites.

                                    more
                                    Most Recent Action
                                    Litigation
                                    • 7/31/2018

                                      EPA files answer to complaint. (No. 18-773).

                                    • 5/30/2018

                                      Intervenor Environmental Defense Fund files a complaint compelling EPA to issue methane emission guidelines from existing oil and gas sources. (No. 18-773)

                                    • 4/5/2018

                                      State and local governments file complaint against EPA to comply with  nondiscretionary duty via  Clean Air Act to set methane emission guidelines for oil and gas sources. (No. 18-773).

                                    • 4/4/2018

                                      State and local governments file complaint against EPA stating that the agency failed to set standards for methane emissions from existing oil and gas infrastructure. (No. 17-1145).

                                    • 8/10/2017

                                      Industry and State petitioners’ request for a rehearing en banc denied. (No. 17-1145).

                                    • 7/31/2017

                                      D.C. Circuit en banc panel vacates EPA’s 90-day pause of methane rule implementation for new oil and gas sources, putting the rule back into effect. (No. 17-1145).

                                    • 7/13/2017

                                      D.C. Circuit grants EPA request to delay enforcement of methane NSPS regulation for 14 days while the agency considers whether to appeal the ruling.  (No. 17-1145).

                                    • 7/3/2017

                                      D.C. Circuit invalidates EPA two-year administrative stay of 2016 methane NSPS regulation; orders immediate enforcement of rule.

                                    • 6/5/2017

                                      Environmental petitioners file for review of EPA’s final action staying its own methane NSPS regulations on oil and gas sites.  (No.17-1145).

                                    more
                                    Notes/Info/Chamber/Statements

                                    Case: Clean Air Council v. EPA, No. 17-1145 (D.C. Cir.)

                                    Case: State of New York v. Pruitt, No. 18-773 (D.D.C.)

                                     

                                    Topic
                                    Air Regulations
                                    Issue/Reg
                                    NAAQS
                                    Order/Action
                                    • 12/6/2018

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

                                    • 12/6/2018

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

                                      (Agency fact sheet)

                                    • 7/25/2018

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

                                    • 6/26/2018

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

                                      (Comment docket)

                                    • 6/19/2018

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

                                    • 6/4/2018

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

                                    • 3/9/2018

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

                                      (Agency fact sheet)

                                    • 1/5/2018

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

                                    • 11/16/2017

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

                                      (News Summary)

                                    • 8/2/2017

                                      EPA withdraws prior decision to extending attainment designation deadlines.

                                    • 6/7/2017

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

                                    more
                                    Most Recent Action
                                    Litigation
                                    • 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
                                    • 12/6/2018

                                      EPA proposes revisions to 111(b) GHG NSPS power plant regulations.

                                      (Agency fact sheet)

                                      (Comment docket awaiting FR publication)

                                    • 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
                                    • 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

                                    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
                                    • 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.

                                    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
                                    • 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
                                        • 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
                                        • 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
                                          • 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
                                            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