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
Regulatory Reform Regulatory Reform
  • 10/6/2017

    Secretary of Commerce Ross releases report, Streamlining Permitting and Regulatory Burdens for American Manufacturers, which identifies 20 sets of regulations and permitting issues for reform.  

  • 1/24/2017

    Presidential Memorandum directing the Secretary of Commerce to identify federal regulations that negatively impact U.S. manufacturers.

  • Potus
  • Commerce

    Chamber comments on Impact of Federal Regulations on Domestic Manufacturing. 

    Permitting / NEPA National Environmental Policy Act (NEPA)
    • 7/30/2010

      BLM issues favorable environmental impact statement approving lease sale for coal mining in “Wright Area” of Wyoming’s Powder River Basin.

    • Energy
    • 9/15/2017

      10th Cir. remands the BLM EIS for reconsideration of its conclusion that issuance of coal leases would not result in higher national carbon dioxide emissions.

    • 10/9/2015

      Environmental petitioners file for review District Court’s upholding of BLM’s EIS approving issuance of coal leases.

    Case: WildEarth Guardians v. BLM, No. 15-8109 (10th Cir.)

    Permitting / NEPA Infrastructure Permitting
    • 9/14/2017

      Pursuant to Executive Order 13807, CEQ announces its plans to “guide federal agency efforts to expedite federal reviews while maintaining existing environmental protections." 

    • 8/15/2017

      President Trump signs Executive Order 13807, establishing a two-year goal to process environmental documents for major infrastructure projects.

    • Potus
    • CEQ
    • OMB
      Other Mining Regulations
      • 9/12/2017

        Mine Safety and Health Administration (MSHA) announces delay of mine inspection rule implementation until March 2, 2018.

      • DOL
        Land Management / Leasing Oil and Gas Leasing
        • 8/16/2017

          BOEM announces results of Gulf of Mexico lease sale 249, totaling $121 million in bids for 90 tracts covering 508,000 acres. 

        • 7/14/2017

          The Bureau of Ocean Energy Management (BOEM) announces auction for offshore oil and gas leases in the Gulf of Mexico for August 16th (lease sale 249).

        • Interior
          Energy Infrastructure Energy Infrastructure
          • 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.”

          • Potus
          • Commerce
            Energy Financial / Royalties Multilateral Development Banks (MDBs)
            • 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.”

            • Treasury
              Land Management / Leasing Oil and Gas Leasing
              • 7/6/2017

                Secretary Zinke signs order directing BLM to conduct quarterly lease sales to address permitting backlogs. 

              • Interior

                Global Energy Institute statement on Zinke lease sale directive. 

                Land Management / Leasing Oil and Gas Leasing
                • 7/6/2017

                  Bureau of Ocean Energy Management (BOEM) reduces royalty rates to incentivize investment in Outer Continental Shelf lease sales.

                • Interior
                  Land Management / Leasing Oil and Gas Leasing
                  • 6/26/2017

                    The National Oceanic and Atmospheric Administration (NOAA) opens public comment period associated with its review of National Marine Sanctuaries and Monument expansions in response to Executive Order 13795 (America-First Offshore Energy Strategy). 

                  • Commerce
                    Land Management / Leasing Monuments
                    • 5/11/2017

                      Department of Interior requests comment on its review of National Monuments in response to Executive Order 13792.

                    • 4/26/2017

                      Executive Order 13792 directing Dept. of Interior to review and recommend changes to overly expansive or inappropriate public lands designations made under the Antiquities Act of 1906.

                    • Potus
                    • Interior
                      General / Energy Development Energy Independence

                        Draft final agency recommendations due to OMB in 120 days (July 26th, 2017).

                        Final report due in 180 days (September 24th, 201)

                        General / Energy Development Offshore energy
                        • 4/28/2017

                          Executive Order 13795 Implementing an America-First Offshore Energy Strategy. Revokes Obama Administration restrictions on offshore energy production and directs Department of Interior to review how and where the U.S. could expand development.

                        • Potus
                        • Interior

                          Energy Institute Praises Trump Administration Efforts to Expand Offshore Energy Development

                          Regulatory Reform Regulatory Reform
                          • 2/24/2017

                            Executive Order 13777 creating regulatory reform officers at each federal agency tasked with identifying outdated and overly burdensome regulations that warrant revision or repeal.

                          • 4/13/2017

                            EPA published notice seeking public comment targeting regulations that are suitable for repeal, replacement or modification. The notice is to help implement EO 13777.

                          • Potus
                          • OMB

                            Chamber comments to EPA in response to EO 13777 regulatory reform outreach.

                            General / Energy Development Energy Independence
                            • 3/29/2017

                              Secretary Zinke signs Secretarial Order 3349, directing Department of Interior reviews of numerous regulations and policies impacting energy development.

                            • Interior
                              Air Regulations Social Cost of Carbon
                              • 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.

                              • Potus
                              • OMB
                                General / Energy Development Energy Independence
                                • 3/28/2017

                                  Comprehensive Executive Order 13783 promoting energy security and independence. (individual provisions tracked separately)

                                • Potus
                                • OMB

                                  Chamber President Tom Donohue Praises President Trump’s commitment to making regulatory relief and energy security a top priority

                                  Land Management / Leasing Resource Management Planning
                                  • 3/27/2017

                                    Public Law 115-12, repealing, via the Congressional Review Act, Department of Interior regulations regarding land use planning on public lands.

                                  • Interior

                                    Chamber letter supporting repeal of RMP 2.0 rule

                                    Permitting / NEPA Pipelines
                                    • 3/16/2017

                                      Commerce Department solicits comment on domestic sourcing for pipeline materials.

                                      (Comment docket)

                                       

                                       

                                    • 1/24/2017

                                      Presidential Memorandum directing the Secretary of Commerce to develop a plan to maximize domestic sourcing of materials for pipeline construction.

                                    • Potus
                                    • Commerce

                                      U.S. Chamber comments on construction of pipelines using domestic steel and iron (4/6/17)

                                      Air Regulations Methane ICR (Existing Sources)
                                      • 3/2/2017

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

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

                                        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