U.S. CHAMBER OF COMMERCE

Global Energy Institute - Beveridge & Diamond
Energy Tracker

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

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

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

Currently Open and Recently Completed Comment Periods
Department Proposal Comment Period
EPA 111(b) GHG NSPS power plant regulations (FR Notice) 12/21/18 - 3/18/19 (Comment docket)
Interior (BLM) ANWR Coastal Plain EIS (FR notice) 12/20/18 - 3/13/19 (Comment docket)
EPA Revised WOTUS definition (FR Notice) 2/14/19 - 4/15/19 (Comment docket)
EPA MATS Supplemental Cost-Benefit Finding (FR Notice) 2/7/19 - 4/17/19 (Comment docket)
DOE Light Bulb Efficiency Standards (FR Notice) 2/11/19 - 4/12/19 (Comment docket)
EPA Year-round E15 (FR Notice) 3/21/19 - 4/29/19 (Comment docket)
FERC Electric Transmission Incentives (FR Notice) 3/28/19 - 6/26/19 (FERC docket PL19-3-000)

The Tracker is updated regularly. This edition is updated through April 11, 2019.

  • Notable Developments Over the Last Month

  • 4/10/19: President Trump signs Executive Order on energy infrastructure directing numerous actions aimed at enabling “the timely construction of the infrastructure needed to move our energy resources through domestic and international commerce.”

  • 4/10/19: President Trump signs Executive Order “revising the process for development and issuance of Presidential permits” involving infrastructure permitting at border crossings.

  • 4/9/19: Tenth Circuit grants motion to dismiss challenge to 2016 venting and flaring regulation on mootness grounds stemming from BLM’s finalization of revisions.

  • 4/8/19: Environmental petitioners file suit challenging presidential memorandum granting permit to Keystone XL pipeline. (News summary)

  • 3/29/19: President Trump signs Presidential Memorandum granting permit to construct Keystone XL pipeline.

  • 3/27/19: Environmental groups file suit in Idaho District Court challenging BLM sage grouse management plans. (News summary)

  • 3/21/19: EPA proposes rule to allow E15 waiver and to improve renewable identification number (RIN) market transparency. 

  • 3/21/19: FERC opens Notice of Inquiry seeking comment on the scope and implementation of its electric transmission incentives aimed at ensuring reliability and reducing the cost of delivered power by reducing transmission congestion.

  • 3/22/19: Secretary Perry announces financial close of $3.7 billion loan guarantee to support the continued construction of Vogtle nuclear plant units in Georgia. 

  • 3/21/19: EPA sends proposed reforms to New Source Review project emissions accounting requirements to OMB-OIRA for review.

  • 3/20/19: BLM announces final record of decision and approved resource management plan amendments for sage grouse conservation in Oregon, Wyoming, Idaho, Colorado, Utah, and NE California.

  • 3/20/19: FERC approves final EIS for Texas LNG export terminal.

  • 3/19/19: Third Circuit grants request for stay blocking construction of Penn East pipeline while it reviews a challenge on eminent domain grounds. (News summary).

  • 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 15 energy-related regulatory/policy reforms initiated or under review, 17 reforms formally proposed, and 37 reform actions that have been finalized or completed. (These figures do not include project-specific actions such as leases or permit approvals.) 

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

 

X

Energy Tracker

Indicates Public Law
Topic Issue/Reg Order/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
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
            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

              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
                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.

                      Water Regulations / Fracking Stream Buffer Rule
                      • 2/16/2017

                        Public Law 115-5 seeks to repeal regulations created by the Department of Interior restricting permitting new and existing mining operations.

                      • Potus
                      • Interior

                        Energy Institute Praises Repeal of Job-Killing Midnight Energy Regulation.

                        Coalition letter supporting CRA disapproval resolution.

                        Energy Financial / Royalties Extractive Industries Payment Disclosure
                        • 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. 

                        • Potus
                        • SEC

                          Key vote letter on extractive industries rule

                          Statement on legal victory in SEC “Extractive Issuers Rule.”

                          Permitting / NEPA Infrastructure Permitting
                          • 1/24/2017

                            Executive Order 13766 directing the designation of high priority infrastructure projects for fast-tracked environmental reviews and permitting.

                            U.S. Chamber Applauds Long-Awaited Attention to American Energy Infrastructure.

                            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
                            • 3/24/2019

                              Oral argument scheduled for June 4, 2019. (No. 18-36082).

                            • 3/14/2019

                              Respondent-Intervenors file their opposition to EPA’s request to hold case in abeyance. (No. 15-1363).

                            • 3/11/2019

                              EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by second quarter of 2019 and requesting case to be held in abeyance. (No. 15-1363).

                            • 2/8/2019

                              EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by second quarter of 2019.

                            • 1/24/2019

                              DC Circuit Court grants EPA request to postpone CPP status report until 14 days after resolution of the government shutdown..

                            • 12/21/2018

                              Court orders the consolidated cases to remain in abeyance for 60 days; EPA to continue filing 30-day status reports. 

                              EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by Spring of 2019.

                            • 11/21/2018

                              EPA submits its 30-day scheduled status report stating that the agency expects to take final rulemaking action by the first part of 2019.

                            • 9/4/2018

                              Enviro group intervenors file opposition to continued abeyance.

                            • 7/24/2018

                              State petitioners and municipal intervenors file joint status report in support of continued abeyance.

                            • 6/26/2018

                              Court enters order directing EPA to continue to file status reports at 30-day interval.

                            • 6/1/2018

                              EPA submits 30-day status report regarding the scope of the potential new rule and requests the court to continue to hold case in abeyance.

                            • 5/9/2018

                              State and municipal intervenors file in opposition to EPA’s request for further abeyance.

                            • 5/9/2018

                              Public health and environmental group intervenors file an opposition against EPA’s request for further abeyance.

                            • 5/2/2018

                              EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

                            • 4/2/2018

                              EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

                            • 3/1/2018

                              Court enters order directing EPA to continue filing status reports at 30-day intervals.

                            • 2/9/2018

                              EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

                            • 1/17/2018

                              Public health and environmental organizations file their opposition to EPA’s request for further abeyance.

                               

                            • 1/17/2018

                              State and Municipal Respondents file their opposition to EPA’s request for further abeyance.

                            • 1/10/2018

                              EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

                            • 12/11/2017

                              EPA submits status report stating it is considering scope of potential new rule and requests the court to continue to hold case in abeyance.

                            • 11/9/2017

                              D.C. Circuit grants 60-day abeyance; orders EPA to provide 30-day status updates.

                            • 10/17/2017

                              Intervenors file their response to EPA’s status report and request for indefinite abeyance.

                            • 10/10/2017

                              EPA submits status report, stating that the Administrator signed a proposed rule to repeal the Clean power Plan. EPA requests the court to continue to hold case in abeyance.

                            • 9/7/2017

                              EPA submits status report scheduling publication of the proposed rule for Fall 2017 inviting public comment. EPA requests the court to continue to hold the case in abeyance.

                            • 8/8/2017

                              D.C. Circuit grants another 60-day abeyance; reminds EPA that it has “affirmative statutory obligation to regulate greenhouse gases.” (Court Order)

                            • 4/28/2017

                              D.C. Circuit grants 60-day abeyance; orders EPA to provide 30 day status updates. Abeyance granted through approximately June 27.

                            more
                            Notes/Info/Chamber/Statements

                            Global Energy Institute statement on proposed repeal of Clean Power Plan (10/10/17)

                            Energy Institute information on Clean Power Plan and EPA carbon regulations.

                            Litigation details at U.S. Chamber Litigation Center.

                            Case: West Virginia v. EPA, No. 15-1363 (D.C. Cir.)

                            Topic
                            Air Regulations
                            Issue/Reg
                            MATS "Supplemental Findings"
                            Order/Action
                            • 2/7/2019

                              EPA MATS supplemental cost finding proposal formally published in the Federal Register.

                            • 12/28/2018

                              12/28/18: EPA announces proposal to revise MATS supplemental cost finding.

                              (Comment docket)

                            • 10/19/2018

                              EPA sends proposed changes modifying 2012 MATS regulation to OMB for review.

                            • 7/29/2018

                              EPA informally announces that it plans to reconsider the 2012 MATS regulation.

                            • 5/9/2018

                              OMB-OIRA semiannual unified regulatory agenda projects proposed rulemaking addressing MATS regulation will be released in August 2018.

                            • 4/25/2016

                              EPA issues Supplemental Finding responding to U.S. Supreme Court decision in Michigan v. EPA, 135 S. Ct. 2699 (2015), discussing the appropriateness of associated costs including MATS, in regulating coal and oil-fired electric utility steam generating units (EGUs). 

                            more
                            Most Recent Action
                            Litigation
                            • 1/14/2019

                              EPA submits its status report stating that it continues to review the final rule to determine whether the rule should be “maintained, modified or otherwise reconsidered.” EPA will submit its next status report in 90 days.

                            • 10/16/2018

                              EPA submits its status report stating that it continues to review the final rule to determine whether the rule should be “maintained, modified or otherwise reconsidered.” EPA will submit its next status report in 90 days.

                            • 7/18/2018

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

                            • 4/19/2018

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

                            • 1/19/2018

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

                            • 10/24/2017

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

                            • 7/26/2017

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

                            • 4/27/2017

                              D.C. Circuit order in response to DOJ/EPA request postpones May 18 oral arguments; grants 90-day abeyance.

                            • 4/25/2017

                              Industry files petition for review of final agency action regarding findings for coal- and oil-fired energy generating units. 

                            more
                            Notes/Info/Chamber/Statements

                            04/17/19: U.S. Chamber comments on MATS proposal

                            03/26/19: Coalition comments on MATS proposal

                            03/18/19: U.S. Chamber comments at EPA public hearing on MATS proposal

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

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

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

                            Most Recent Action
                            Litigation
                              Notes/Info/Chamber/Statements

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

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

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

                              • 10/15/2018

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

                              • 5/9/2018

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

                              • 3/12/2018

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

                              • 11/8/2017

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

                                (Agency fact sheet)

                              • 6/16/2017

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

                              • 6/14/2017

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

                              • 6/5/2017

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

                              more
                              Most Recent Action
                              Litigation
                              • 7/31/2018

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

                              • 5/30/2018

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

                              • 4/5/2018

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

                              • 4/4/2018

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

                              • 8/10/2017

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

                              • 7/31/2017

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

                              • 7/13/2017

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

                              • 7/3/2017

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

                              • 6/5/2017

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

                              more
                              Notes/Info/Chamber/Statements

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

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

                               

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

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

                              • 12/6/2018

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

                                (Agency fact sheet)

                              • 7/25/2018

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

                              • 6/26/2018

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

                                (Comment docket)

                              • 6/19/2018

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

                              • 6/4/2018

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

                              • 3/9/2018

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

                                (Agency fact sheet)

                              • 1/5/2018

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

                              • 11/16/2017

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

                                (News Summary)

                              • 8/2/2017

                                EPA withdraws prior decision to extending attainment designation deadlines.

                              • 6/7/2017

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

                              more
                              Most Recent Action
                              Litigation
                              • 2/4/2019

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

                              • 9/27/2018

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

                              • 8/1/2018

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

                                 

                              • 8/1/2018

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

                              • 7/3/2018

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

                              • 6/20/2018

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

                              • 6/15/2018

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

                              • 6/8/2018

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

                              • 6/7/2018

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

                              • 6/6/2018

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

                              • 6/5/2018

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

                              • 5/18/2018

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

                              • 5/15/2018

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

                              • 4/19/2018

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

                              • 3/12/2018

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

                              • 2/16/2018

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

                                 

                              • 1/31/2018

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

                                 

                              • 1/26/2018

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

                              • 1/19/2018

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

                              • 1/19/2018

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

                                 

                              • 1/12/2018

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

                              • 1/8/2018

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

                              • 12/4/2017

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

                              • 10/10/2017

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

                              • 8/1/2017

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

                              • 7/10/2017

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

                              • 4/11/2017

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

                              • 10/26/2015

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

                              • 7/10/2017

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

                              • 4/11/2017

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

                              • 10/26/2015

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

                              more
                              Notes/Info/Chamber/Statements
                              Topic
                              Air Regulations
                              Issue/Reg
                              Power Plant CO2 New Source Performance Standards (NSPS)
                              Order/Action
                              • 1/31/2019

                                EPA extends comment period on proposed GHG NSPS reforms until 3/18/19.

                              • 12/6/2018

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

                                (Agency fact sheet)

                                (Comment docket)

                              • 9/10/2018

                                EPA sends proposed revisions to 111(b) GHG NSPS regulations for power plants to OMB for review.

                              • 5/9/2018

                                OMB-OIRA spring unified regulatory agenda projects release of formal proposal to modify 111(b) NSPS regulations regarding new fossil-powered electric plants in June 2018.

                              • 3/28/2017

                                Executive Order 13783 – Promoting Energy Independence and Economic Growth, directs review and reconsideration of NSPS for new power plants (CCS mandate for new coal plants).

                              more
                              Most Recent Action
                              Litigation
                              • 1/31/2019

                                EPA submits 90-day status report stating that the agency is continuing its review of the rule.

                              • 10/23/2018

                                EPA submits 90-day status report stating that the agency is continuing its review of the rule.

                              • 7/24/2018

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

                              • 4/27/2018

                                EPA submits 90-day status report stating that the agency is continuing its review of the rule.

                              • 1/25/2018

                                EPA submits 90-day status report stating that the agency is continuing its review of the rule

                              • 10/27/2017

                                EPA submits 90-day status report stating that the agency is continuing its review of the rule.

                              • 10/27/2017

                                EPA submits 30-day status report stating that the agency is continuing its review of the rule.

                              • 8/10/2017

                                Court orders cases remain held in abeyance; Respondent to file status reports at 90-day intervals starting Oct. 27.

                              • 7/31/2017

                                EPA submits 30-day status report stating that the agency is continuing its review of the rule.

                              • 6/29/2017

                                EPA submits 30-day status report stating that the agency is continuing its review of the rule.

                              • 4/28/2017

                                DC Circuit grants 60-day abeyance of lawsuit against NSPS regulation while EPA reviews the rule; orders EPA to provide 30 day status updates. Case has been briefed but oral argument not set.

                              • 10/23/2015

                                State petitioner files for review of agency final rule on Greenhouse Gas emissions.

                              more
                              Notes/Info/Chamber/Statements

                              03/19/19: U.S. Chamber comments on proposed NSPS reforms.

                              Litigation details at U.S. Chamber Litigation Center

                              Case: North Dakota v. EPA, No. 15-1381, (D.C. Cir.)

                              Topic
                              Air Regulations
                              Issue/Reg
                              Regional Haze
                              Order/Action
                              • 9/29/2017

                                EPA finalizes withdrawal of regional haze FIP for Texas.

                              Most Recent Action
                              Litigation
                              • 2/12/2019

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

                              • 11/8/2018

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

                              • 7/2/2018

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

                              • 8/31/2017

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

                              more
                              Notes/Info/Chamber/Statements
                              Topic
                              Air Regulations
                              Issue/Reg
                              Regional Haze
                              Order/Action
                              • 11/30/2018

                                EPA announces its proposed approval of key portions of Arkansas’ Regional Haze plan and withdrawal of corresponding federal haze plan provisions. 

                              • 2/12/2018

                                EPA announces final withdrawal of federal implementation plan, and approval of revised regional haze state implementation plan for Arkansas.

                              • 9/11/2017

                                EPA announces withdrawal of NOX portion of Arkansas regional haze FIP and approval of revised state implementation plan.

                              • 7/13/2017

                                EPA extends compliance deadline for September 2016 Arkansas Regional Haze Federal Implementation Plan (FIP) from April 2018 to January 2020.

                              more
                              Most Recent Action
                              Litigation
                              • 1/10/2019

                                Court enters order holding case in abeyance. Parties ordered to file status reports by Apr. 10, 2019.

                              • 9/13/2018

                                Court enters order holding case in abeyance. Parties ordered to file status reports by Dec. 13, 2018.

                              • 7/13/2018

                                Court denies environmental petitioners’ motion to lift abeyance.

                              • 6/6/2018

                                Court enters order holding case in abeyance for 90 days. Parties must provide a status report at the end of the 90-day period.

                              • 4/4/2018

                                EPA and Arkansas file Joint Status Report regarding FIP for Arkansas regional haze program. EPA and Arkansas propose to replace NOx and SO2 emission limits to selected facilities.

                              • 3/7/2018

                                Eighth Circuit grants Entergy motion to stay to EPA final rule.

                              • 2/21/2018

                                Entergy requests that in light of EPA’s recent actions, no decision needs to be reached regarding NOx element in their motion to stay.  

                              • 2/12/2018

                                EPA notifies Eighth Circuit on its actions in withdrawing portions of FIP regarding NOx requirements.

                              • 2/12/2018

                                National Parks and Sierra Club advise Eighth Circuit of recent EPA actions (withdrawing portions of FIP regarding NOx) affecting Entergy stay motion from NOx requirements.

                              • 2/1/2018

                                Entergy files its reply in support of its motion to stay.

                              • 1/25/2018

                                Environmental groups file their response to Entergy’s motion to stay.

                              • 1/22/2018

                                EPA files its response to Entergy’s motion to stay.

                              • 1/11/2018

                                Entergy files motion to stay EPA’s final rule.

                              • 1/11/2018

                                Environmental groups file their amended response to State of Arkansas’s stay motion.

                              • 1/10/2018

                                EPA files its response to State of Arkansas’s motion for stay of final rule.

                              • 1/4/2018

                                Court grants EPA’s motion to hold petitions in abeyance for 90 days against opposition by Entergy and Environmental Groups.

                              • 1/2/2018

                                Environmental groups file their response to Entergy’s opposition.

                              • 12/29/2017

                                EPA files reply in support of motion to hold litigation in abeyance.

                              • 12/26/2017

                                Environmental groups file their opposition to State of Arkansas’s stay motion.

                                 

                              • 12/22/2017

                                Entergy files opposition to EPA’s motion to hold litigation in abeyance.

                              • 12/20/2017

                                Environmental groups file motion to hold the rule in abeyance or alternatively motion for a stay of rule order to extend the response deadline.

                              • 11/1/2017

                                Eighth Circuit grants additional abeyance of case through 12/15/17

                              • 7/31/2017

                                Eighth Circuit grants a 2-month abeyance regarding Arkansas Regional Haze Federal Implementation Plan (FIP) in response to Arkansas/EPA request. Abeyance granted through 9/26/17. 

                              • 11/23/2016

                                Private petitioner files for review of Agency final rule regarding Regional Haze.

                              more
                              Notes/Info/Chamber/Statements

                              Multi-association letter to EPA on proposed Arkansas Regional Haze FIP.

                              Case: AK Affordable Energy Coalition v. EPA, No. 16-4270 (8th Cir.)

                              More info on U.S. Chamber regional haze litigation activity

                              Topic
                              Air Regulations
                              Issue/Reg
                              Social Cost of Carbon
                              Order/Action
                              • 3/28/2017

                                Section 5 of Executive Order 13783 disbands the Interagency Working Group on the Social Cost of Carbon and rescinds use of its guidance and support documents.

                              Most Recent Action
                              Litigation
                                Notes/Info/Chamber/Statements
                                Topic
                                Air Regulations
                                Issue/Reg
                                Startup, Shutdown, Malfunction (SSM)
                                Order/Action
                                  Most Recent Action
                                  Litigation
                                  • 2/8/2019

                                    EPA files its sixth 90-day status report stating that the rule is still under review.

                                  • 10/16/2018

                                    EPA files its sixth 90-day status report stating that the rule is still under review. 

                                  • 7/18/2018

                                    EPA files its fifth 90-day status report.

                                  • 4/19/2018

                                    EPA files its fourth 90-day status report.

                                  • 1/19/2018

                                    EPA files its third 90-day status report.

                                  • 10/23/2017

                                    EPA files its second 90-day status report.

                                  • 7/24/2017

                                    EPA files first abeyance reporting indicating that it continues to review the SSM rule.

                                  • 4/24/2017

                                    D.C. Circuit grants DOJ/EPA request to delay scheduled oral arguments regarding challenges to 2015 EPA SSM rule, giving the agency  time to reconsider the rule. The Court’s order places the SSM legal challenge in abeyance for 90 days, and requires EPA to submit a 90-day status report.

                                  • 6/12/2015

                                    Environmental and industry groups file for review of Agency final rule regarding State Implementation Plans’ SSM policies. 

                                  more
                                  Notes/Info/Chamber/Statements

                                  Case: Envtl. Comm. FL Elec. Power Coordinating Grp. v. EPA, No. 15-1239 (D.C. Cir.)

                                  Topic
                                  Air Regulations
                                  Issue/Reg
                                  Venting and Flaring
                                  Order/Action
                                  • 9/28/2018

                                    BLM finalizes revisions to methane venting and flaring rule.

                                  • 2/22/2018

                                    BLM publishes proposed revisions to the Methane and Waste Prevention Rule

                                    (Agency press release)

                                    (Comment docket)

                                  • 2/12/2018

                                    BLM announces proposal to revise Methane Waste Prevention Rule.

                                    (Agency press release)

                                     

                                  • 12/8/2017

                                    BLM finalizes proposal to delay implementation of venting and flaring rule until January 2019.

                                  • 10/5/2017

                                    BLM formally proposes to temporarily suspend implementation of 2016 venting and flaring rule until January 2019. 

                                  • 6/15/2017

                                    BLM announces it will suspend implementation of certain provisions of November 2016 Methane Waste Prevention Rule (aka Venting and Flaring) that have yet to go into effect.

                                  • 3/28/2017

                                    Section 7 of Executive Order 13783 directs review and reconsideration of Department of Interior methane regulations for oil and gas production on federal lands (aka venting and flaring).

                                  more
                                  Most Recent Action
                                  Litigation
                                  • 4/9/2019

                                    Tenth Circuit grants motion to dismiss challenge to 2016 venting and flaring regulation on mootness grounds stemming from BLM’s finalization of revisions.

                                  • 10/30/2018

                                    Eighteen environmental petitioners file suit in the U.S. District Court for Northern District of California challenging BLM revisions to venting and flaring regulations.

                                  • 3/15/2018

                                    Ninth Circuit enters order granting BLM’s  motion to dismiss. (No. 17-17456)

                                  • 3/14/2018

                                    BLM files voluntary motion to dismiss appeal. (No. 17-17456)

                                  • 12/8/2017

                                    Case docketed before the Court of Appeals for the 9th Circuit.  (No. 17-17456)

                                  • 12/4/2017

                                    BLM files Notice of Appeal to 9th Circuit. (No. 17-17456)

                                  • 10/4/2017

                                    U.S. District Court for Northern California invalidates Department of Interior’s administrative stay of BLM methane waste prevention rule. (No. 17-17456)

                                  • 7/5/2017

                                    State petitioners file suit against BLM for postponing the compliance date of Waste Prevention, Production Subject to Royalties and Resource Conservation rule. (No. 17-17456)

                                  more
                                  Notes/Info/Chamber/Statements

                                  Chamber key vote letter supporting congressional repeal of venting and flaring rule (5/9/17).

                                  Coalition letter supporting congressional repeal of venting and flaring rule (2/2/17).

                                  Case: California v. BLM, no. 17-cv-03804-EDL (N.D. Ca.)(Case Closed).

                                  Case: California v. BLM, no. 17-17456 (9th Cir.).(Case Closed).

                                  Topic
                                  Electricity
                                  Issue/Reg
                                  Grid Management
                                  Order/Action
                                  • 1/8/2018

                                    FERC rejects DOE grid resiliency proposal and initiates new proceeding to study the issue further. FERC

                                    (Agency release)

                                  • 10/10/2017

                                    Department of Energy proposes Grid Resiliency Pricing Rule under Federal Power Act calling on FERC to order changes to pricing of resiliency and reliability attributes.

                                  • 10/4/2017

                                    FERC releases scoping questions for comment period on DOE Grid Reliability and Resiliency Pricing proposal.

                                  more
                                  Most Recent Action
                                  Litigation
                                    Notes/Info/Chamber/Statements
                                    Topic
                                    Endangered Species Act
                                    Issue/Reg
                                    Sage Grouse
                                    Order/Action
                                    • 3/20/2019

                                      BLM announces final record of decision and approved resource management plan amendments for sage grouse conservation in Oregon, Wyoming, Idaho, Colorado, Utah, and NE California.

                                    • 1/9/2019

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

                                    • 12/10/2018

                                      BLM announces final Environmental Impact Statement (EIS) and proposed plan amendments addressing Greater Sage-Grouse conservation on public land in Oregon, Colorado, Idaho, Utah, Nevada/Northeastern California, and Wyoming.

                                       

                                    • 10/5/2018

                                      USDA Forest Service publishes draft management plans for its Intermountain and Rocky Mountain regions. (Comment docket)

                                    • 5/4/2018

                                      BLM publishes draft environmental impact analyses of proposed changes to sage grouse resource management plans in Colorado, Idaho, Oregon, Nevada, Utah, Wyoming, and part of California.

                                    • 1/3/2018

                                      BLM issues Sage Grouse Scoping Report.

                                    • 12/27/2017

                                      BLM instruction memorandum 2018-26 details guidance for implementing oil and gas leasing and development objectives as part of the greater sage-grouse resource management plan revisions.

                                    • 8/7/2017

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

                                    • 6/7/2017

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

                                    • 10/11/2017

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

                                      (News Summary)

                                    more
                                    Most Recent Action
                                    Litigation
                                    • 3/27/2019

                                      Environmental groups file suit in Idaho District Court challenging BLM sage grouse management plans. (News summary)

                                    • 2/14/2019

                                      Coalition of environmental groups file notice of intent to sue Interior Department and Fish and Wildlife Service regarding decisions pertaining to sage grouse protections under the Endangered Species Act.

                                    Notes/Info/Chamber/Statements
                                    Topic
                                    Energy Financial / Royalties
                                    Issue/Reg
                                    Extractive Industries Payment Disclosure
                                    Order/Action
                                    • 2/14/2017

                                      Public Law 115-4 using Congressional Review Act authority to repeal Securities and Exchange Commission regulations mandating public disclosure of reports of energy company finances and operations. 

                                    Most Recent Action
                                    Litigation
                                      Topic
                                      Energy Financial / Royalties
                                      Issue/Reg
                                      Multilateral Development Banks (MDBs)
                                      Order/Action
                                      • 7/17/2017

                                        Department of Treasury modifies Obama Administration guidance prohibiting U.S. support for financing construction of coal plants internationally through MDBs, committing to “help countries access and use fossil fuels more cleanly and efficiently.”

                                      Most Recent Action
                                      Litigation
                                        Notes/Info/Chamber/Statements
                                        Topic
                                        Energy Financial / Royalties
                                        Issue/Reg
                                        Office of Natural Resources Revenue (ONRR) Royalty Valuation Rule
                                        Order/Action
                                        • 8/7/2017

                                          Interior’s Office of Natural Resources Revenue finalizes repeal of 2017 Valuation Rule.

                                           

                                          (Comment docket)

                                        • 4/4/2017

                                          Department of Interior’s ONRR formally proposes to repeal 2017 Valuation Rule pertaining to oil, gas, and coal royalties.

                                        • 2/22/2017

                                          Department of Interior’s ONRR announces stay of 2017 Valuation Rule pertaining to oil, gas, and coal royalties.

                                          (News Summary)

                                        more
                                        Most Recent Action
                                        Litigation
                                        • 10/25/2017

                                          Court denies Plaintiffs’ motion to relate the two rule delay challenges.

                                        • 10/23/2017

                                          Defendants file opposition to Plaintiffs’ motion.

                                        • 10/18/2017

                                          Plaintiffs file to relate the challenge to Delayed Royalty Rule to Plaintiffs’ challenge to the delay of  Department’s Coal Valuation Reform rule

                                        • 8/30/2017

                                          U.S. District Court for Northern California invalidates ONRR stay of Royalty Rule.

                                        • 2/22/2017

                                          State petitioners file for injunctive relief to stop the Department of Interior implementation of the Royalty Rule. 

                                        more
                                        Notes/Info/Chamber/Statements

                                        Plaintiffs file move to relate the challenge to the Delayed Royalty Rule to Plaintiffs’ challenge to the delay of the Department’s Coal Valuation Reform rule. U.S. Chamber letter to House Natural Resources Committee supporting revisions to ONRR Valuation Rule (item VIII).

                                        Case: Becerra v. Dep’t of Interior, No. 17-cv-02376-EDL (N.D. Cal.)

                                        Topic
                                        Energy Infrastructure
                                        Issue/Reg
                                        Energy Infrastructure
                                        Order/Action
                                        • 7/19/2017

                                          Executive Order 13805 establishes Infrastructure Advisory Council within Department of Commerce to report on “funding, support, and delivery of infrastructure projects in several sectors including renewable energy, electricity transmission, and pipelines.”

                                        Most Recent Action
                                        Litigation
                                          Notes/Info/Chamber/Statements
                                          Topic
                                          General / Energy Development
                                          Issue/Reg
                                          Energy Independence
                                          Order/Action
                                          Most Recent Action
                                          Litigation
                                            Notes/Info/Chamber/Statements

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

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

                                            Topic
                                            General / Energy Development
                                            Issue/Reg
                                            Energy Independence
                                            Order/Action
                                            • 3/29/2017

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

                                            Most Recent Action
                                            Litigation
                                              Notes/Info/Chamber/Statements
                                              Topic
                                              General / Energy Development
                                              Issue/Reg
                                              Energy Independence
                                              Order/Action
                                              • 3/28/2017

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

                                              Most Recent Action
                                              Litigation
                                                Notes/Info/Chamber/Statements

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