Global Energy Institute - Beveridge & Diamond Energy Tracker

Welcome to the Global Energy Institute-Beveridge & Diamond Energy Tracker. This site is intended to serve as a one-stop resource for monitoring key regulatory, judicial, and legislative developments associated with the Trump Administration’s energy policy agenda.

The Tracker interface below provides a comprehensive, filterable and sortable list of more than 130 energy-related federal actions tracked by date, agency, high-level topic area, and specific issue. The default view displays entries in reverse chronological order of the most recent substantive action by the relevant agency or court.

Immediately above the Tracker is a list of open comment periods and recent developments. To comment on these or future proposals, please go to the federal rulemaking portal at http://www.regulations.gov and follow the instructions for submitting comments. If you need assistance with submission of comments, you may contact the authors.  

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

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

  • Notable Developments Over the Last Month

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • See Full List 

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

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

 

Indicates Public Law
Topic Issue/Reg Orders/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
Air Regulations NAAQS
EPA
    Land Management / Leasing Outer Continental Shelf (OCD) Oil and Gas Leasing
    • 12/7/2018

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

    Commerce
    • 1/18/2019

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

      (News summary)

    • 1/28/2019

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

    • 2/20/2019

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

    more
    Permitting / NEPA Pipelines
    • 10/5/2018

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

    • 8/29/2018

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

    • 10/13/2017

      FERC grants final approval to Mountain Valley Pipeline.

      (News Summary)

    more
    FERC
    • 1/8/2018

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

    • 2/5/2018

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

    • 2/2/2018

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

    • 1/26/2018

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

    • 1/26/2018

      FERC files motion to dismiss for lack of jurisdiction.

    • 1/22/2018

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

       

    • 1/11/2018

      Petitioner environmental group files motion for stay.

    • 5/16/2018

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

    • 7/20/2018

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

    • 7/27/2018

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

    • 9/4/2018

      Petitioners file joint opening brief. 

    • 8/30/2018

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

       

    • 10/2/2018

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

    • 11/20/2018

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

    • 1/22/2019

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

    • 2/19/2019

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

    more

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

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

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

    • 5/1/2018

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

    • 3/21/2018

      BOEM announces results of Lease Sale 250.

    • 2/16/2018

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

      (Interior press release)

    • 10/24/2017

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

    • 5/1/2017

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

    more
    Interior

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

      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 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
      • 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.

      • 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.

      • 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.

      • 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.

      • 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.

      • 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.

      • 2/28/2018

        Dakota Access files its 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.

      • 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.

      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
        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
                  • 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.

                  • 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.

                  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
                                NAAQS
                                Orders/Action
                                Most Recent Action
                                Agency
                                EPA
                                Litigation (if any)
                                  Notes/Info/Chamber Statements
                                  Topic
                                  Land Management / Leasing
                                  Issue/Reg
                                  Outer Continental Shelf (OCD) Oil and Gas Leasing
                                  Orders/Action
                                  • 12/7/2018

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

                                  Most Recent Action
                                  Agency
                                  Commerce
                                  Litigation (if any)
                                  • 1/18/2019

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

                                    (News summary)

                                  • 1/28/2019

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

                                  • 2/20/2019

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

                                  more
                                  Notes/Info/Chamber Statements
                                  Topic
                                  Permitting / NEPA
                                  Issue/Reg
                                  Pipelines
                                  Orders/Action
                                  • 10/5/2018

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

                                  • 8/29/2018

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

                                  • 10/13/2017

                                    FERC grants final approval to Mountain Valley Pipeline.

                                    (News Summary)

                                  more
                                  Most Recent Action
                                  Agency
                                  FERC
                                  Litigation (if any)
                                  • 1/8/2018

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

                                  • 2/5/2018

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

                                  • 2/2/2018

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

                                  • 1/26/2018

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

                                  • 1/26/2018

                                    FERC files motion to dismiss for lack of jurisdiction.

                                  • 1/22/2018

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

                                     

                                  • 1/11/2018

                                    Petitioner environmental group files motion for stay.

                                  • 5/16/2018

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

                                  • 7/20/2018

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

                                  • 7/27/2018

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

                                  • 9/4/2018

                                    Petitioners file joint opening brief. 

                                  • 8/30/2018

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

                                     

                                  • 10/2/2018

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

                                  • 11/20/2018

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

                                  • 1/22/2019

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

                                  • 2/19/2019

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

                                  more
                                  Notes/Info/Chamber Statements

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

                                  Topic
                                  Land Management / Leasing
                                  Issue/Reg
                                  Oil and Gas Leasing
                                  Orders/Action
                                  • 2/13/2019

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

                                  • 5/1/2018

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

                                  • 3/21/2018

                                    BOEM announces results of Lease Sale 250.

                                  • 2/16/2018

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

                                    (Interior press release)

                                  • 10/24/2017

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

                                  • 5/1/2017

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

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

                                    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
                                    Permitting / NEPA
                                    Issue/Reg
                                    Pipelines
                                    Orders/Action
                                    • 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
                                    Most Recent Action
                                    Agency
                                    FERC
                                    Litigation (if any)
                                    • 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)

                                    Notes/Info/Chamber Statements
                                    Topic
                                    Air Regulations
                                    Issue/Reg
                                    CAA Section 112
                                    Orders/Action
                                    • 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
                                    Most Recent Action
                                    Agency
                                    EPA
                                    Litigation (if any)
                                    • 1/25/2019

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

                                    Notes/Info/Chamber Statements
                                    Topic
                                    Permitting / NEPA
                                    Issue/Reg
                                    Pipelines
                                    Orders/Action
                                    • 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.

                                    Most Recent Action
                                    Agency
                                    Litigation (if any)
                                    • 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.

                                    • 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.

                                    • 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.

                                    • 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.

                                    • 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.

                                    • 2/28/2018

                                      Dakota Access files its 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.

                                    • 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.

                                    more
                                    Notes/Info/Chamber Statements

                                    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

                                    Topic
                                    Nuclear Energy
                                    Issue/Reg
                                    Technology Development
                                    Orders/Action
                                    Most Recent Action
                                    Agency
                                    NRC
                                    Litigation (if any)
                                      Notes/Info/Chamber Statements
                                      Topic
                                      Electricity
                                      Issue/Reg
                                      Ratemaking
                                      Orders/Action
                                      • 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)

                                      Most Recent Action
                                      Agency
                                      FERC
                                      Litigation (if any)
                                        Notes/Info/Chamber Statements
                                        Topic
                                        Land Management / Leasing
                                        Issue/Reg
                                        Alaska Petroleum Reserve (NPR-A)
                                        Orders/Action
                                        • 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)

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                                        Most Recent Action
                                        Agency
                                        Interior
                                        Litigation (if any)
                                          Notes/Info/Chamber Statements
                                          Topic
                                          Vehicles / Fuels
                                          Issue/Reg
                                          Ultra-low NOx
                                          Orders/Action
                                          Most Recent Action
                                          Agency
                                          EPA
                                          Litigation (if any)
                                            Notes/Info/Chamber Statements
                                            Topic
                                            Air Regulations
                                            Issue/Reg
                                            NAAQS
                                            Orders/Action
                                            Most Recent Action
                                            Agency
                                            EPA
                                            Litigation (if any)
                                              Notes/Info/Chamber Statements
                                              Topic
                                              Land Management / Leasing
                                              Issue/Reg
                                              Sale of Federal Property
                                              Orders/Action
                                                Most Recent Action
                                                Agency
                                                Interior
                                                Litigation (if any)
                                                • 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.

                                                • 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.

                                                Notes/Info/Chamber Statements

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

                                                Topic
                                                Land Management / Leasing
                                                Issue/Reg
                                                Outer Continental Shelf (OCD) Oil and Gas Leasing
                                                Orders/Action
                                                • 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.

                                                Most Recent Action
                                                Agency
                                                Interior
                                                Litigation (if any)
                                                  Notes/Info/Chamber Statements
                                                  Topic
                                                  Renewables/Energy Efficiency
                                                  Issue/Reg
                                                  Offshore Wind
                                                  Orders/Action
                                                  • 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.

                                                  Most Recent Action
                                                  Agency
                                                  Interior
                                                  Litigation (if any)
                                                    Notes/Info/Chamber Statements
                                                    Topic
                                                    Nuclear Energy
                                                    Issue/Reg
                                                    Technology Development
                                                    Orders/Action
                                                    Most Recent Action
                                                    Agency
                                                    Energy
                                                    Litigation (if any)
                                                      Notes/Info/Chamber Statements
                                                      Topic
                                                      Renewables/Energy Efficiency
                                                      Issue/Reg
                                                      Solar
                                                      Orders/Action
                                                      • 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.

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                                                      Most Recent Action
                                                      Agency
                                                      Litigation (if any)
                                                        Notes/Info/Chamber Statements
                                                        Topic
                                                        Land Management / Leasing
                                                        Issue/Reg
                                                        Oil and Gas Leasing
                                                        Orders/Action
                                                        • 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)

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

                                                          Most Recent Action
                                                          Agency
                                                          EPA
                                                          Litigation (if any)
                                                            Notes/Info/Chamber Statements
                                                            Topic
                                                            Other
                                                            Issue/Reg
                                                            Sue and Settle
                                                            Orders/Action
                                                            • 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.

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